California Appellate Tracker

Gerlach v. K. Hovnanian’s Four Seasons at Beaumont, LLC, No. E075228, 2022 Cal. App. LEXIS 706 (Ct. App. Aug. 17, 2022)

August 24, 2022

The Right to Repair Act contains three provisions regarding roofs. Civ. Code 896(g)(3)(A) states that manufactured products, including roofs, shall be installed so as not to interfere with the products’ useful life, if any. Section 896(g)(3)(C) defines “manufactured products” to mean one assembled, in full, off-site. Section 896(a)(4) states that roofs shall not permit water to pass around or through moisture barriers. Section 896(g)(11) provides that roofing materials must be installed so as to avoid materials falling from the roof. This opinion holds that a tile roof is not a manufactured product, since its various components–tiles, moister barriers, etc., must be assembled onsite. It also holds that to recover damages for a violation of the Act’s other two roofing provisions, the plaintiff must show actual moisture penetration or fallen roofing materials, not just an increased probability that those risks will occur.

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California Appellate Tracker

Gerlach v. K. Hovnanian’s Four Seasons at Beaumont, LLC, No. E075228, 2022 Cal. App. LEXIS 706 (Ct. App. Aug. 17, 2022)

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