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This settlement is closed!
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Merlex Stucco Inc. has agreed to make home repairs to settle a class action lawsuit that alleged the company’s stucco was defective or contained impurities that led to it having the appearance of rust.
Two Classes of consumers are eligible to make claims in the Merlex stucco settlement.
Consumers eligible for the Litigation Class are those who own or owned the properties on the list filed June 5, 2019, following the May 16, 2019 order relating to the certified Class.
Additional Class Members are California residents who are not part of the Litigation Class but who own or used to own any property to which Merlex Stucco Inc. stucco was applied on or after May 6, 2013, and was allegedly defective, manufactured improperly, or contained impurities and developed the appearance of rust.
The class action lawsuit claimed the Merlex stucco is defective in that it may contain iron deposits that can manifest as rust spots on homes’ exteriors.
Merlex does not believe the claims made in the class action lawsuit have any merit and has denied any wrongdoing.
The Settlement provides for at least one free repair — either a Pick and Whole House Fog Repair or Spot Pick and Spot Fog Repair — to remedy verified rust spots on the surface of a home’s Merlex stucco.
Eligible Class Members must verify they had the Merlex stucco applied on or after May 6, 2013, and that it later developed rust spots.
No proof of purchase is necessary for Litigation Class Members.
Members of the Additional Class must submit documented proof, such as a receipt, invoice, purchase order or work order, in addition to the claim form.
The Pick & Whole House Fog Repair refers to a repair method in which an entire home’s stucco is inspected for the presence of rust spots, those spots are removed and the entire home is then “fogged” with Fogcoat in a color as closely matched to the home’s current color as possible. A seven-year Pick & Whole House Fog Repair Warranty is included for this work.
The Spot Pick & Spot Fog Repair refers to a repair method in which the particle causing the stain in any rust spots that are found is removed. Following an inspection of the entire home’s stucco and removal of the spots, the immediate areas surrounding those spots will be “fogged” with a Fogcoat that matches the original stucco’s color as closely as possible. No warranty is included.
According to the settlement agreement, repairs on the first property will begin no later than 60 days after the Effective Date or the date the first claim is received, whichever happens later.
Repairs will be done by a pre-approved subcontractor and will be done on a first-come-first-served basis.
In addition to the repairs, the defendant will pay up to $675,000 in attorneys’ fees and expenses actually incurred by Class Counsel.
A final hearing in the Merlex stucco case will be held April 9, 2021. The deadline for eligible Class Members to file a claim is May 13, 2021.
Who’s Eligible
Two Classes of consumers are eligible to make claims in this settlement.
Consumers eligible for the Litigation Class are those who own or owned the properties on the list filed June 5, 2019, following the May 16, 2019, order relating to the certified Class.
Additional Class Members are California residents who are not part of the Litigation Class but who own or used to own any property to which Merlex Stucco Inc. stucco was applied on or after May 6, 2013, and was allegedly defective, manufactured improperly or contained impurities and developed the appearance of rust.
Potential Award
Free repair.
- The Settlement provides for at least one free repair — either a “Pick and Whole House Fog Repair” or “Spot Pick and Spot Fog Repair” — to remedy verified rust spots on the surface of Merlex stucco on homes.
Proof of Purchase
No proof of purchase is necessary for Litigation Class Members.
Members of the Additional Class must submit documented proof, such as a receipt, invoice, purchase order or work order.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
05/13/2021
Case Name
Fernando Sandoval, et al. v. Merlex Stucco Inc., Case No. BC619322, in the Superior Court of the State of California, County of Los Angeles
Final Hearing
04/09/2021
Settlement Website
Claims Administrator
Merlex Stucco Settlement
c/o JND Legal Administration
P.O. Box 91238
Seattle, WA 98111
1-833-961-3467
info@MerlexStuccoSettlement.com
Class Counsel
MARTORELL LAW APC
BORDIN SEMMER LLP
Defense Counsel
BUCHALTER APC
LEWIS BRISBOIS BISGAARD & SMITH LLP
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