Gonzalez
Gonzalez v. DREW INDUSTRIES INC.
Opinion
Opinion
Pregerson, J.
ORDER DENYING MOTION TO DISMISS
This matter comes before the Court on defendants’ motion to dismiss the First Amended Complaint (“FAC”) for failure to state a claim upon which relief can be granted. After reviewing the materials submitted by the parties and considering all the arguments therein, the Court denies the motion and adopt the following order.
I. BACKGROUND
A. Factual History
In November 2005, Victoria Gonzalez, the plaintiff, purchased a manufactured home produced by defendants Skyline Corporation and Skyline Homes. (FAC, ¶ 26.) The home featured a bathtub made of ABS plastic produced by defendants Kinro, Inc., Kinro Texas Limited Partnership, and their parent company, Drew Industries, under the brand name “Better Bath.” (Id., ¶ 19.)
Defendants affix two stickers to each ABS bathtub before distributing them; one certifies that the bathtub conforms to ASTM E-162, and the other describes the manufacturer’s warranty, and states that the bathtub was “tested for flammability in accordance with HUD Mobile Home Construction and Safety Standards Section 3280.203(a)(6),” and that “test results meet or exceed ASTM E-162 surface flammability of materials using a radiant heat…