McVicar

PROCEEDINGS (IN CHAMBERS): ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS [10]

Julie Barrera Courtroom Clerk

Before the Court is Defendants Goodman Company LP, Goodman Global Inc., and Goodman Manufacturing Company LP’s (together, “Goodman’s”) Motion to Dismiss Case (“Motion” or “Mot.”) (Dkt. 10). Having considered the Motion, the opposition, and the reply, the Court hereby GRANTS in part and DENIES in part the Motion.

I. BACKGROUND

The following facts are contained in Plaintiffs’ Complaint (Dkt. 1) and are construed in a light most favorable to them.

*1048 A.The McVicars

Sometime before August 2012, Anne and Archie MeViear (“the McVicars”) contracted with WCS Restoration to build a home in California. Compl. ¶¶ 55-56. During construction of the home, on behalf of the McVicars, WCS Restoration purchased and installed a Goodman-manufactured heating and air conditioning unit. Id.

In August 2012, the McVicars moved in. Id. ¶ 55. Approximately three weeks later, the heating and air condition unit began to fail. Id. ¶ 57. The unit did not produce cold air and would run only on “fan only” mode. Id.

WCS Restoration’s subcontractor inspected the unit and told the…