Hicks v. Kaufman & Broad Home Corp

In Hicks v. Kaufman & Broad Home Corp. (2001) 89 Cal.App.4th 908, homeowners sued their builders for faulty foundations in their homes. The court concluded that "proof of breach of warranty does not require proof the product has malfunctioned but only that it contains an inherent defect which is substantially certain to result in malfunction during the useful life of the product." (Id. at p. 918.) The Hicks court further stated: "Foundations ... are not like cars or tires. Cars and tires have a limited useful life. ... A foundation's useful life, however, is indefinite." (Id. at p. 923.)