SANTA ANA, Calif. (Legal Newsline) – Two consumers residing in Michigan and Oregon allege that a product they purchased to resurface their decks is defective.
William Elger and Philip Ross filed a complaint on behalf of themselves and all others similarly situated on June 26 in the U.S. District Court for the Central District of California, Southern Division against Behr Process Corp., Behr Paint Corp., Masco Corp., The Home Depot Inc. and Home Depot U.S.A. Inc. alleging fraud, violations of the California Unfair Competition Law and the California Consumers Legal Remedies Act and other counts.
According to the complaint, the plaintiffs purchased the defendants' Behr Premium DeckOver deck and concrete resurfacing and restoration products and allege that the products are defective. They allege the product does not adhere properly to underlying surfaces and routinely peels, cracks and bubbles, causing damages.
The plaintiffs holds Behr Process Corp., Behr Paint Corp., Masco Corp., The Home Depot Inc. and Home Depot U.S.A., Inc. responsible because the defendants allegedly continued to sell the product despite knowing that it is flawed and prone to failure.
The plaintiffs request a trial by jury and seek actual damages, treble damages, punitive damages, restitution, disgorgement, enjoin the defendants, court costs and any further relief this court grants. They are represented by Jonathan Michaels and Kathryn Harvey of MLG Automotive Law APLC in Newport Beach, California and by representatives from Chimicles & Tikellis LLP in Haverford, Pennsylvania.
U.S. District Court for the Central District of California, Southern Division case number 8:17-cv-01100-JLS-FFM