S-CV-0016410 Wallace, Richard, et al vs. Monier Lifetile LLC, et al
This tentative ruling is issued by the Honorable Michael W. Jones. If oral argument is requested, it shall be heard at 8:30 a.m. in Department 43:

Defendant’s Objection to the Referee’s Report and Recommendation No. 2

The objection is overruled. Defendant raises a single objection to the referee’s report no. 2, challenging a question on the proposed claims form that states, “[p]rior to purchasing or obtaining the home or purchasing or obtaining the Monier tiles, did anyone make any statements to you, or did you read any written statements, along the lines that the roof would last 50 years, or would have permanent color, or would be maintenancefree?”. The language in this question is appropriate as it expressly includes the proviso established by the 3d District Court of Appeal in McAdams v. Monier, Inc. (2010) 182 Cal.App.4th 174, 179. The proviso language comes from the appellate court and dictates the method of identifying class members.

The court shall execute the referee’s report and recommendation no. 2 forthwith.

Plaintiff Classes’s Motion to Compel Payment of Cost Award

The motion is granted. The court entered an order on December 20, 2017, awarding plaintiff classes $471,422.50 in costs. This separate order was entered pursuant to a stipulation between the parties as defendant Monier stipulated it would not oppose
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entry of the cost order. Absent the stipulation, costs would simply have been included at the time the final judgment was entered. It was the parties, both Plaintiff Classes and Monier, who agreed to the execution of this separate cost order. Monier cannot now argue that costs are only recoverable after entry of judgment. Monier shall pay the costs outlined in the December 20, 2017 order within ten days of service of the signed order after hearing.