Parallel Class Action in California State Court
On April 9, 2009, in Case No. CV 025771, the Honorable Carter Holly of the Superior Court of California, County of San Joaquin, Stockton Division, certified a litigation class in express and implied warranty for the same products at issue in this lawsuit, the Viking Series 3000 windows. See Deist v. Viking Industries, Inc., Case No. CV025771 (San Joaquin Sup. Ct.).
The present Cartwright case includes the same express and implied warranty causes of action on behalf of original owners of property with the defective windows who still own the property in question, but also alleges additional causes of action for negligence, strict liability, violation of Civil Code, Section 1770 (Consumers Legal Remedies Act), violation of Business and Professional Code Sections 17200 and 17500 (Unfair Competition Law), fraudulent concealment and restitution. As a result, the proposed Class in Cartwright includes not just original owners who remain current owners but also all current owners, as well as original owners who are now former owners. Only about 20 percent of the Deist and Cartwright classes are overlapping, i.e., the original and still current owners who have warranty claims.
Lieff Cabraser Heimann & Bernstein, LLP and David Birka-White are not affiliated with Viking Window Systems. The use of the Viking name on this website is strictly for product identification and informational purposes.
