HEARING ON DEMURRER TO 1st Amended COMPLAINT

FILED BY JELD-WEN, INC.

* TENTATIVE RULING: *

Before the Court is a demurrer to Plaintiffs' First Amended Complaint ("FAC") filed by defendant JELD-WEN, Inc. The Court rules as follows with respect to the demurrers: (1) first cause of action – sustained without leave to amend; (2) second and third causes of action – overruled as to CCP § 337.15 and sustained, with leave to amend, on the other grounds asserted; (3) fourth cause of action –overruled as to CCP § 337.15 and sustained, with leave to amend, on other grounds asserted; (4) fifth and sixth causes of action – sustained, with leave to amend. Facts Alleged in the FAC

Plaintiffs the Patels built their home in 2002 and 2003. Defendant JELD-WEN (“JW” for convenience) manufactured windows and doors included in the residence. Plaintiffs allege most of the windows and doors are defective, and that by 2013, approximately 75% had been replaced. They contend a number of the replacement produ