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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