This case, McAdams v. Monier, Inc., Case No. SCV 16410, is a class action lawsuit about whether Monier made misleading statements concerning slurry-coated concrete roofing tiles that Monier Inc. manufactured from January 1, 1978 through August 14, 1997. Following a trial and appeal, the Superior Court of California, Placer County entered an interlocutory judgment in favor of the members of the Plaintiff classes (defined in FAQ 9) against Defendant Monier.
If you are a California homeowner, you may submit a claim to determine whether you qualify and are eligible for damages of $3,705. If you are a California commercial property owner, you may submit a claim to determine whether you qualify and are eligible for damages of $400 or more. You must submit your claim before September 17, 2019 in order for your claim to be considered and to be eligible for any payment.Back To Top
Judge Michael Jones of the Placer County Superior Court is currently overseeing this case and the claims process. Please do not contact the court or its staff regarding this case.
The Court has appointed Mr. Lester Levy of Judicial Arbitration and Mediation Services as a Referee to help manage the claims process and make recommendations to the Court. Additionally, the Court has appointed Epiq Systems to act as the Claims Administrator.Back To Top
Placer County Superior Court, Roseville, CaliforniaBack To Top
If you have a question that is not answered here, you either can send that question by email to Epiq at info@RoofingTilesClassAction.com, or you can call 1-877-797-6085 and talk to a claims assistant.Back To Top
In a class action, one or more people called class representatives (in this case, Tim McAdams) sue on behalf of people who have similar claims. All these people are part of the class. One court resolves the issues for all Class members.Back To Top
The Claims in the Lawsuit
This lawsuit involves slurry-coated (color-coated) roofing tiles manufactured and sold by Monier Inc. during the period January 1, 1978 through August 14, 1997. At trial, the jury found that Plaintiff had proved that class members were “exposed to a statement by Monier that the color coating on Monier slurry-coated roofing tiles would last 50 years, would have permanent color, or be maintenance free, and Monier failed to disclose in that statement that the color coat would deteriorate in less than 50 years.”
The Court has entered judgment in favor of the Plaintiff class. If you are a property owner and were exposed to such a Monier misrepresentation, you may be a class member entitled to recover damages.Back To Top
Trial in this case began in October 2012, and concluded in January 2013. A Placer County jury returned a verdict in favor of Plaintiff Classes. The trial judge overturned the jury verdict and entered judgment in Monier Inc.’s favor. The Plaintiff Classes appealed this ruling, won the appeal, and the trial judge subsequently entered judgment against Monier and for the Plaintiff Classes. Subsequently, the parties agreed to provide relief for commercial property owners as discussed in previous FAQs.Back To Top
On October 14, 2015, the Third District Court of Appeal issued an opinion reversing Judge Piquet’s ruling and reinstating the jury verdict in favor of the Plaintiff Class. The opinion is McAdams et al. v. Monier, Inc., 2015 WL 5968461. A copy of that opinion can be viewed in the Important documents section (McAdams III). Copies of the earlier Court of Appeal opinions (McAdams I and McAdams II) can be also be viewed in the Important documents section of this website.Back To Top
Who is in the Class?
As certified by the Court, the Class is defined as:
UCL CLASS: (i) all individuals or entities in the State of California who own structures with slurry-coated roof tiles sold by Monier Company, Monier Roof Tile, Inc., or Monier Inc. between January 1, 1978, and August 14, 1997 (the “Tiles”); and (ii) all California individuals and entities who paid to replace or repair such Tiles. Membership in the Class is limited to those who, prior to purchasing or obtaining their Monier roof tile product, were exposed to a statement along the lines that the Tiles would have a 50 year life, permanent color, or would be maintenance free. The Class excludes the trial judge and his family, and defendants and their counsel.
CLRA CLASS: (i) all individuals in the State of California who own, for personal, family or household use, structures with slurry-coated roof tiles sold by Monier Company, Monier Roof Tile, Inc., or Monier Inc. between January 1, 1978, and August 14, 1997 (the “Tiles”); and (ii) all California individuals who owned such homes for personal, family or household use and who paid to replace or repair such Tiles. Membership in the Class is limited to those who, prior to purchasing or obtaining their Monier roof tile product, were exposed to a statement along the lines that the Tiles would have a 50 year life, permanent color, or would be maintenance free. The Class excludes the trial judge and his family, and defendants and their counsel.Back To Top
“CLRA” is an abbreviation for the California Consumer Legal Remedies Act, Cal. Civ. Code § 1750 et seq. The law prohibits certain "methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer." Cal. Civ. Code § 1770.
“UCL” is an abbreviation for California Unfair Competition Law, Bus& Prof § 17200 et seq. The law provides for injunctive and other relief for “unfair”, “unlawful”, and “fraudulent” business practices.Back To Top
To be a class member, you must meet the following requirements:
Yes.Back To Top
Yes. You must still establish that you owned the Monier roofing tiles, that the tiles were sold within the Class Period, and provide the reasons you replaced or recoated the roof, along with evidence of the cost. The claim appendix provides more details about what you need to provide to submit your claim.Back To Top
As a commercial owner you are a potential class member in the Unfair Competition Law (UCL) class. However, you must establish that you own a structure with the Monier roofing tiles that were sold during the applicable period. In other words, it is not enough that you are a unit-owner in a multiple-unit building; you must own the structure on which the roof is installed. Qualified UCL class members will receive a restitution recovery based upon a different formula than residential homeowners. The recovery formula is that a commercial owner who qualifies as a class member will be entitled to receive $400 (based upon a roof size of 30 roofing squares). If the roof is larger than 30 roofing squares, the qualified UCL class member must provide evidence to the claim administrator establishing the larger roof size.Back To Top
The Lawyers Representing You
Yes. The Court appointed Jeffrey Cereghino of ROCK Law, LLP, in San Francisco, CA and Michael Ram of Robins Kaplan LLP in Mountain View, CA to represent you as co-lead “Class Counsel.” These firms and other law firms working with them as Class Counsel are experienced in handling similar cases.Back To Top
Class Counsel will ask the Court to order Monier to pay their fees and expenses. You don’t have to pay any of these fees and expenses. The fees and expenses will be paid separately by Monier Inc., subject to the Court’s order.Back To Top
Making a Claim
You are eligible to file a claim if you own a home in California that currently has qualifying Monier Tiles, or own a home in California that had Monier Tiles that you either repaired or replaced as the homeowner. You do not have to be the original owner of the home. If you previously owned a home in California and repaired or replaced qualifying Monier Tiles you may be eligible to file a claim.
Please be aware there are more requirements for a claim to qualify for payment. Please refer to FAQ 11 for more information.Back To Top
You did not / do not have to repair your roof to make a claim. If your house, in California, currently has qualifying Monier Tiles you may be eligible to file a claim. If your house, in California, previously had qualifying Monier Tiles and you repaired or replaced them as the owner of the home, you may be eligible to file a claim.
Please be aware there are more requirements for a claim to qualify for payment. Please refer to FAQ 13 for more information.Back To Top
Under court order, Monier will pay $3,705. per home or, in the case of commercial structures, $400 for every 30 roofing squares for class members who have filed a valid claim form with the required documentation and information. These eligible claims will only receive monetary rewards. There is no repair remedy associated with the benefits of this class action.
Please be aware there are more requirements for a claim to qualify for payment. Please refer to FAQ 1 for more information.Back To Top
The Referee and the Court have not yet decided on the frequency and timing of payments. Class Counsel anticipates this issue will be addressed in the next few months.Back To Top
You can download a claim form from this website, here, or you can request a form by mail, by calling 1-877-797-6085 and speaking to a claims assistant.Back To Top
You must submit your claim before September 17, 2019 in order for your claim to be considered and to be eligible for any payment.Back To Top
Monier, Inc. tiles are concrete roofing tiles. Other roofing manufacturers made similar tiles with similar appearances. To find out if you have a Monier tile, please look at the underside of one of your tiles for an embossed stamp that says “Monier” or “Monray.” Because Monier made another similar tile called “color-through,” look to see if the underside of your tile is bare concrete. If you do not see bare concrete on the underside of the tile, you do not have an eligible product. For examples of eligible tiles, review the claim appendix, available here. Please note that, as indicated on the claims form, these photos are indicative of the type of photos that should accompany your claim form.
There are several ways to make the determination whether your roof has the Monier roofing product:
No, it does not. However, you must describe what you do remember. For example, even if you don’t remember the person’s name, you should describe that person’s relationship to you. And you must describe as completely as you can exactly what was said, and whether it was in writing or oral. The Claim Form will guide you.Back To Top
Each month, the Claim Administrator will collect completed claims forms and provide them for review to Class Counsel and attorneys for Monier. The attorneys will meet and determine which claims are agreed upon and submit agreed claims to the Referee. Claims that are disputed will be addressed in a process set forth by the Referee. The Court will issue order(s) with regard to approved Claimants and payment schedules.Back To Top
Visit the Documents page where you will find the Court of Appeals Opinions and other relevant documents. You may also call toll-free at 1-877-797-6085 for more information, or write to Monier Tile Class Action Administrator, P.O. Box 4068, Portland, OR 97208-4068.Back To Top
What is a Third Party Provider
Some companies offer their assistance in filing claim forms or other services in class actions for a portion of any settlement funds that the class member may ultimately recover. You do not need to use one of those companies to assist in filing a claim. You can file a claim on your own. If you have already contracted with one of these companies, you should consult with them before making changes to your claim form. Please be advised that these companies are not affiliated with plaintiffs, defendants, counsel for plaintiffs or defendants, or the claims administrator.Back To Top
This is because you have enlisted the help of a third-party provider to file your claim. The third-party provider, in exchange for filing your claim, will charge you a portion of the funds recovered and that is why there is a difference in the numbers. If you have further questions about this amount, please contact your third-party provider directly.Back To Top
You may file a new claim on your own, however only one claim may be filed for the same property. If you would like to file your own claim you will need to discuss this with your third-party provider since they already filed a claim on your behalf. If an earlier claim was filed, the person or entity that filed that claim must submit a request to withdraw that claim in writing.Back To Top
You may submit address updates and/or other modifications to your claim. If you used a third-party provider, please be aware that any funds recovered in this claims process will be paid to the address listed as the mailing address on the originally-filed claim form. If you have contracted with a third-party provider, they have listed their own address in the address section. If you have further questions, you should contact your third-party provider directly.Back To Top