3066 REVIEW DENIED Certification of a class action based on strict products liability and negligence in the construction of mass produced homes is not appropriate where all members of the putative class have defects in their foundations, but each member separately would be required to prove that the defects led to physical damage; class certification is appropriate in their breach of warranty claim, since the defects themselves constitute a breach of the warranty to build houses free of defects.CitationHICKS v KAUFMAN & BROAD (Foundation Class) 89 CA4 908 [See: Acosta v Synthetic (RevGrtd) 88 CA4 944, T/AT 6/01; Fieldstone v Briggs 54 CA4 357, T/AT 5/97]
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