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02/03/1998
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
JOHN SALAH,
DOMINIC PASCALE, LINDA LYONS, MEL AMRIKHAS and RUBINA
AMRIKHAS,
each individually and on behalf of all other similarly situated
plaintiffs,
Plaintiffs
vs.
CONSOLIDATED INDUSTRIES, INC.; AMERICAN STANDARD, INC.; et
al.,
Defendants.
NO. CV738376
SUMMARY
NOTICE OF PENDENCY OF CLASS ACTION
ALL OWNERS
OF RESIDENCES WITH HORIZONTALLY MOUNTED FURNACES SHOULD READ
THIS NOTICE :
IF YOU
OWN A HOME CONTAINING A HORIZONTAL FURNACE EQUIPPED WITH THE
NOX ROD MODIFICATION THAT WAS MANUFACTURED BY CONSOLIDATED
INDUSTRIES, INC. (distributed-under the following trade names
(and model designation): Addison (GHC), Amana (GSE), American
Best (HCC), American Standard (THN), Bard (ESG), Century (GSH),
Comfort Aire (GSH), Coleman (25052509B), Consolidated (HAC/HCC),
Franklin Electric (HAC/HCC), Geotti (HCC), Goodman (HAC/HCC),
GMC (HAC/HCC), Hamilton Electric (HAC/HCC), Heat Controller
(GSH), Janitrol (HAC/HCC), Johnstone (HAC/HCC), Keeprite (HAC/HCC),
Kenmore (735), Liberty (HAC/HCC), Magic Chef (ENG), P.F.C.
(HAC/HCC), Premier (HAC/HCC), Sears (735), Sunbelt (HAC/HCC),
Sunburst (HAC/HCC), Sundial (GH), Sun Glow (HAC/HCC), Trane
(THN) and Weatherking (GHC)), YOU WILL AUTOMATICALLY BE A
MEMBER OF A CLASS CERTIFIED IN THIS ACTION BY THE SANTA CLARA
SUPERIOR COURT ON FEBRUARY 10, 1997 UNLESS YOU OPT OUT.
The plaintiff
class representatives allege the defendants manufactured,
distributed, marketed, sold, and/or supplied defective horizontal
furnaces equipped with NOx rods within the South Coast and/or
Bay Area Air Quality Management Districts in the State of
California and that the defects.in the furnaces cause component
parts of the furnaces to fail resulting in premature failure
of the furnaces, damage to adjacent building components, and/or
fires. Defendants deny any such product defect exists, that
any damage is caused by the furnaces, and that the members
of the alleged class have been injured or are entitled to
any damages.
As a class
member, you will be represented by the attorneys acting on
behalf of the class. You will be bound by any judgment or
other final disposition of the class lawsuit whether favorable
or unfavorable, and you will participate, upon the filing
of a proper claim form, in a distribution of any recovery.
If you elect to be excluded from the class (opt out), you
will not be bound by any disposition of the class action and
you will retain any claims you may have against the defendants:
You also will not share in any recovery that might be distributed
to class members, should the class representatives obtain
a favorable result. Whether you remain in the class is your
choice, Before making this decision, you are advised first
to consult your own attorney because there are legal ramifications
not addressed here you need to consider.
If you
wish to be a member of the class in this case, you need do
nothing further, but it would help the class representatives
to identify class members If you would contact class counsel
with your address and telephone number at the address below.
If you wish to be excluded from the class (opt out), please
notify class counsel in writing at the address set forth below
or request a copy of the full Notice of Pendency of Class
Action from class counsel, which will include a form for your
use in opting out, The deadline for requesting exclusion is
May 1,1998.
The name
and address of class counsel is as follows;
Richard
G. White, Inc.
333 W.
Santa Clara St., # 930
San Jose,
CA 95113 (408) 345-4000
This is
only a summary of the full Notice of Pendency of Class Action,
which is described in more detail in the full notice. You
may obtain a copy of that notice by contacting class counsel
at the address above.
Dated:
February 3, 1998
/S/, By
Joseph F. Biafore Jr.
Judge
of the Superior Court
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