Mesa Vista South Townhome Assn. v. California Portland Cement Co.

On August 11, 2004, the California Supreme Court depublished the opinion in Mesa Vista South Townhome Assn v. California Portland Cement Co., 118 Cal.App.4th 308 (2004). This case can not be cited as authority in any other cases. In Mesa Vista the 4th District Court of Appeal had upheld the trial courts decision that California Portland Cement Co. was liable under negligence. In the construction defect case, which included the concrete supplier, the Appellate Court held that “ while the damage at the time of trial was submicroscopic, the court found that the concrete comprising the slabs and foundations of the homes would disintegrate in time unless somehow prevented.” The “faulty cement mix” was found to have injured no other portion of the property beyond the concrete itself. The Appellate Court disregarded the economic loss rule, which would have limited the recovery to damages under contract or warranty law when the only harm is the faulty product itself. The Mesa Vista appellate opinion was contrary to other Supreme Court opinions such as Aas v. Superior Court and Jimenez v. Superior Court. Those cases held that improper construction which had not caused property damage, could not give rise to a negligence claim.

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