McAdams
McAdams v. MONIER, INC.
Opinion
Opinion
Butz, J.
INTRODUCTION
This appeal involves certification of a class action under the Consumers Legal Remedies Act (CLRA) (Civ. Code, § 1750 et seq.) and the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.). The action is based on defendant’s alleged failure to disclose that the color composition of its roof tiles would erode away, leaving bare concrete, well before the end of the tiles’ represented 50-year lifetime.
In a prior published opinion, we reversed the trial court’s order denying certification of the proposed CLRA and UCL classes. (McAdams v. Monier, Inc. (May 30, 2007, C051841), as mod. June 25, 2007.) The state Supreme Court granted review and deferred the matter in light of another case on its docket. (Ibid., review granted Sept. 19, 2007, S154088.) The pending case, In re Tobacco II Cases (2009) 46 Cal.4th 298 [ 93 Cal.Rptr.3d 559 , 207 P.3d 20 ] (Tobacco II), concerned two questions of standing arising from the 2004 amendment to the UCL by Proposition 64. The state high court has now directed us to vacate our decision and reconsider it in light of Tobacco II. (McAdams v. Monier, Inc., judg. vacated and cause remanded Aug. 19, 2009, S154088.)