Homeowners Prevail on Window Manufacturer's Motion to Dismiss

SACRAMENTO, Calif. - A federal judge has denied a window manufacturer's effort to dismiss claims by homeowners who allege that they and other California users were harmed by inherent defects in the manufacturer's products. Cartwright v. Viking Industries, Inc., et al., No. 2:07-CV-02159-FCD-EFB (E.D. Calif.).

In a Feb. 12 decision denying Viking Industries' motion to dismiss, Judge Frank C. Damrell Jr. of the U.S. District Court for the Eastern District of California also denied plaintiffs' motion to order expedited discovery on class certification issues, saying it was premature.

Lynda and Lloyd Cartwright allege in the lawsuit filed on Aug. 16, …