If you own a home with stucco manufactured or sold by Merlex Stucco, Inc., you could get benefits from a Class Action Settlement.

IMPORTANT DATES

Important Update: The Court has issued an Order Granting Final Approval of the Settlement on June 18, 2021. 

What is this Lawsuit about?

The lawsuit claimed that the Product at issue, Merlex brand stucco, is defective because it may contain iron deposits that, over time, may manifest as rust spots on homes where the stucco was applied. Defendant does not believe Plaintiffs’ claims have merit and has denied and continues to deny any and all claims, including but not limited to claims of defect and/or allegations concerning the safety of the Product.

Who is Included?

The Court has concluded that Class Members are comprised of the “Litigation Class Members” and “Additional Class Members,” as defined below: 

Litigation Class Members: All individuals who own or owned the properties identified on the class list filed on June 5, 2019 pursuant to the Court’s May 16, 2019 order related to the certified class.

Additional Class Members: California residents who are not part of the Litigation Class, but who currently own or formerly owned any property to which stucco manufactured or sold by Merlex Stucco, Inc. was applied on or after May 6, 2013, that was allegedly defective, improperly manufactured, or contained impurities and that developed the appearance of rust in the stucco.

What does the Settlement provide?

The Settlement will provide for at least one free repair, in the form of a “Pick and Whole House Fog Repair” or “Spot Pick and Spot Fog Repair” for homes affixed with Merlex Stucco as a remedy for verified rust spots that have appeared on the Merlex stucco surface.

To qualify, you must verify that you had stucco manufactured or sold by Merlex applied to your home on or after May 6, 2013 that later developed the appearance of rust spots, and you must have submitted a valid and timely Claim by the Claims Deadline, May 13, 2021.