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Defective Shake Roof Case To Go to Trial in 2005

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Case ID: 3976 | Consumer Products | 09/21/2005

The parties have agreed on a tentative partial settlement of $61.42 million in a class action lawsuit pending in the Contra Costa County Superior Court against the manufacturers of Cal-Shake® roofing Shakes ("Cal-Shake® Shakes"). Cal-Shake® Shakes are a fiber cement roofing product made to look like wood shakes or slate tiles. Plaintiffs allege that Cal-Shake® Shakes are defective and that the Shakes caused home damage for which Class Members should be paid. Plaintiffs are seeking payment for the cost of removing and replacing all Cal-Shake® Shakes in the state of California.

The Cal-Shake Roofing lawsuit involves two class actions. Cal-Shake, Inc. (“New Cal-Shake”) and Shake Company of California, Inc. (“Old Cal-Shake”) manufactured cement composite roofing products, marketed as Cal-Shake Shakes. Cal-Shake Shakes are a fiber cement roofing product made to look like wood shakes or slate tiles. Cal-Shake Inc. also manufactured Cal-Slate and Cal-Clay, both of which are included in this partial settlement.

New Cal-Shake agreed to a $61.42 million proposed settlement with the Class. Old Cal-Shake did not reach a settlement with the Class. For this reason, it was necessary for the Court to divide the Class into two subclasses as follows:

•New Cal-Shake Settlement Class - You are a part of the New Cal-Shake Settlement Class if you own or owned property on which Cal-Shake Shakes manufactured by New Cal-Shake between February 1, 1986 and March 31, 1995 are, or have been, installed.

•Old Cal-Shake Litigation SubClass - You are part of the Old Cal-Shake Litigation SubClass if you own property in California on which Cal-Shake Shakes manufactured by Old Cal-Shake between January 25, 1980 and January 31, 1986 are, or have been installed.

Eligible class members of the New Cal-Shake Settlement Class who do not want to be treated as part of the class and wish to preserve their individual claims must opt out of the class by October 28, 2005.

The partial settlement is not final until approved by the Court.


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