On February 08, 2024 a
Motion-Secondary
was filed
involving a dispute between
Ackley, Delilah,
Ahl, Brandt,
Ahl, Mary,
Andrews, Mark,
Angela Clarke As Trustee For The Greta S Moreno Living Trust,
Angus, Karen,
Aurentz, Alecia,
Baker, Pam,
Baker, Tom,
Bower, Justin,
Branch, Caroline,
Branch, Scott,
Brown, Robert,
Brown, Tammi,
Cabral, Leilani,
Cameron, Nick,
Cameron, Valerie,
Canon, Robert,
Cardy, John,
Cardy, Stephanie,
Carter, Deborah,
Clarke, Angela,
Cobb, Elvie,
Cobb, Sharon,
Coker, Angela,
Coleman, Carl, Jr.,
Cooper, Nina,
Cooper, Robert,
Covell, Frederick Albert,
Deitrick, Jonathan,
Deitrick, Melisa,
Duncan, Allison,
Duncan, Mark,
Edington, Alyssa,
Fields, Roxane,
Freese, Paul,
Freese, Wanda,
Gray, Orville,
Gray, Tamara,
Harmon, Cindy,
Harmon, Michael,
Kelly, Marilyn,
Laudari, Cindy,
Laudari, Sam,
Lazard, Trandan,
Leilani Cabral As Trustee For The Ryan Family Trust,
Maciel, Donald,
Maciel, Sandi,
Melchiori, Peter,
Morris, Matt,
Navarro, Anthony,
Navarro, Nicole,
Nelms, Denise,
Norris, Anthony,
Norris, Julie,
Oehler, Kim,
Oehler, Steven,
Orndorff, Jason,
Orndorff, Stacey,
Peters, Colleen,
Peters, Robert,
Pezzi, Tawnya,
Pierman, Shawna,
Runnells, David,
Runnells, Marina,
Seaman, Sharon,
Sheldon, Kathryn,
Sheldon, Steve,
Shirley, Patrick,
Smith, Debbie,
Taylor, Jim,
Taylor, Tami,
Tomlinson, Whittney,
Turner, Julie,
Turner, Mark,
Warndorf, Shari,
Weedon, Jessica,
Wood, Ginger,
Wood, Robert,
Wrobel, Kiley,
and
Cmh Homes, Inc,
Cmh Manufacturing West, Inc,
Golden Pacific Homes, Inc,
Medrano, Manuel Rodriguez,
Red Line Installations, Inc,
for (06) Unlimited Breach of Contract/Warranty
in the District Court of Butte County.
Preview
1 DOWNEY BRAND LLP F Superior Court of Califonnia F
MATTHEW J. WEBER (Bar No, 227314) ‘County
of Butte:
mweber@downeybrand.com I
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
L 5/31/2024
Tel : 916.444.1000
Facsimile: 916.444.2100
Attomeys for Defendants _ogomiesge| D
Glectronicaily FILED
CMH MANUFACTURING WEST, INC., and
CMH HOMES, INC., dba CLAYTON HOMES
OF OROVILLE
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF BUTTE
10
Wl ALYSSA EDINGTON, et al., Case No. 24CV00454
12 Plaintiffs, DECLARATION OF ARMANDO
CABRAL IN SUPPORT OF MOTION TO
13 y. COMPEL ARBITRATION
14 CMH MANUFACTURING WEST, INC., et Date: July 10, 2024
al., Time: 9:00 a.m.
15 Dept.: 6
Defendants,
16
Assigned to Honorable Stephen E. Benson
17
Action Filed: February 8, 2024
18 Trial Date: Not Yet Assigned
19 1, Armando Cabral, state that the following facts are true and accurate and that | am
20 competent to testify to the truth and accuracy of the same:
21 1 1 am the General Manager for CMH MANUFACTURING WEST, INC."s Perris,
22
22 California facility, | am over eighteen years of age and have personal knowledge of the
23 information in this Declaration in my capacity as General Manager for CMH
24 MANUFACTURING WEST, INC.'s Perris, California facility, based on my review of company
25 records and my investigation into the matters addressed herein.
26 2 | give this Declaration as evidence in the above-styled action for use in connection
27 with CMH MANUFACTURING WEST. INC. (“CMH Manufacturing West”) and CMH HOMES.
28 INC."s motion to compel arbitration.
aime 1
DECT ARATION OF ARMANDO CARRAL IN SUPPORT OF MOTION TO COMPFL ARBITRATION
3 For every manufactured home it builds, CMH Manufacturing West's Perris,
California facility physically includes with the home a copy of its Home Owners’ manual. For
each home manufactured by the Perris, California facility at issue in the above-styled action, CMH
Manufacturing West included the March 2020 version of its Home Owners’ manual. A copy of
this Home Owners’ manual is attached as Exhibit 1.
4 | have personal knowledge of how Home Owners’ manuals are maintained by
CMH Manufacturing West. A copy of the Home Owners’ manual attached as Exhibit 1 is kept in
the regular course of CMH Manufacturing West's business.
5, CMH Manufacturing West sells homes to retail dealers. For the manufactured
10 homes at issue in the above-styled action, CMH Manufacturing West's Perris, California facility
ll sold homes to the retail dealer CMH Homes, Inc.
12 6. The following plaintiffs in the above-styled action purchased a home manufactured
13 in CMH Manufacturing West's Perris, California facility: Andrews, Mark (Manufacture date:
14 11/19/20); Coleman, Carl Jr. (Manufacture date: 1 1/24/20); Covell, Frederick Albert (Manufacture
15 date: 7/9/20); Pierman, Shawna (Manufacture date: 12/10/20); and Seaman, Sharon (Manufacture
16 date: 11/12/20).
17 7 I have reviewed the plant files associated with those five homes, and CMH
18 Manufacturing West has provided service warranty work under the Home Owners’ warranty for
19 each of those five homes. Service warranty work under the Home Owners’ warranty is typically
20 provided by either a CMH Manufacturing West service technician (usually documented by a
21 “work order”) or by a representative or contractor for the retail dealer, which is then “billed back”
22 to CMH Manufacturing West.
23 8. CMH Manufacturing West constructed each home purchased by the above-listed
24 plaintiffs with component parts manufactured outside of California, the state where the respective
25 homes were manufactured.
26 Mit
27 “it
28
esa >
DECLARATION OF \RMANDO CARRAL IN SI PPORT OF MOTION TO COMPFL ARRITR ATION
1 declare under penalty of perjury under the laws of the State of Califomia and the laws of
the United States of America that the foregoing is true and correct ed this
3 day of May,
2024
10
11
12
13
i4
4 15
16
17
18
19
20
21
2B
24
25
26
27
28
ane) 3
DPCT AR NTION OF ARMANDO CARRAT IN SUPPORT OF MOTION TO COMPH ARBITRATION
EXHBIT 1
TO DECLARATION OF ARMANDO CABRAL
IN SUPPORT OF MOTION TO COMPEL
ARBITRATION
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MH MFG WEST_00!
v 1.5 — March 2020
IMPORTANT
Type or clearly print the information required on the registration card.
Your retail dealer is required to remove the card, complete the card with information provided by you, then mail it to us.
The card is pre-addressed and does not require postage. The card should be completed and mailed as soon as
possible after you take possession of your home.
This information makes it easier to identify you and to verify that you are eligible to receive warranty service.
Keep this booklet with your home. If your home is a manufactured home, TITLE VI of the
Housing and Community Development Act of 1974 provides you with protection against
certain construction and safety hazards in your manufactured home. To help assure your
protection, the manufacturer of your home needs the information that these cards, when
completed and mailed, will supply. If you bought your home from a dealer, please be sure that
your dealer has completed and mailed a card for you.
If you acquired your home from someone who is not a dealer, you should promptly fill out and
send a card to the manufacturer. It is important that you keep this booklet and give it to any
person who buys the home from you.
CMH MFG WEST_000994
WARRANTY REGISTRATION PLEASE DETACH AND RETURN KEEP THIS BOOKLET WITH YOUR HOME. TITLE
VI OF THE HOUSING AND COMMUNITY ACT
Owner/Purchaser OF 1974 PROVIDES YOU WITH PROTECTION
Street Address AGAINST CERTAIN CONSTRUCTION AND.
City, State, Zip. Home/Mobile Phone SAFETY HAZARDS IN YOUR HOME. TO.
HELP ASSURE YOUR PROTECTION, THE
E-mail Address
MANUFACTURER OF YOUR HOME NEEDS THE
Retailer/Seller_ Date Sold. INFORMATION THAT THE WARRANTY CARDS ON,
THIS PAGE, WHEN COMPLETED AND MAILED,
Street Address
WILL SUPPLY. IF YOU BOUGHT YOUR HOME
City, State, Zip. Phone FROM ARETAILER, PLEASE BE SURE THAT YOUR
OF HOME RETAILER HAS COMPLETED AND MAILED A
Street Address CARD FOR YOU. THIS WILL ENSURE THAT YOUR
City, State, Zip. Phone HOME IS REGISTERED IN OUR WARRANTY
INFORMATION CENTER. IF YOU ACQUIRED
Date of Manufacture I I Serial No.
YOUR HOME FROM SOMEONE WHO IS NOT A
Model No.. RETAILER, YOU SHOULD PROMPTLY FILL OUT
DESIGN WIND ZONE DESIGN ROOF LOAD THERMAL ZONE AND SEND A CARD TO THE MANUFACTURER. IT
WIND ZONE | 15 PSF SOUTH-20 PSF ZONE | IS IMPORTANT THAT YOU KEEP THIS BOOKLET
WIND ZONE |! 100 MPH MIDDLE-30 PSF ZONE 1! AND GIVE IT TO ANY PERSON WHO BUYS THE
WIND ZONE III 110 MPH NORTH-40 PSF ZONE Il HOME FROM YOU.
OTHER. MPH
wee cee eee coe ee ee ee ee ee ee ee ee ee ee ee ee eee ee ee eee eee
WARRANTY REGISTRATION PLEASE DETACH AND RETURN KEEP THIS BOOKLET WITH YOUR HOME. TITLE
VI OF THE HOUSING AND COMMUNITY ACT
Owner/Purchaser OF 1974 PROVIDES YOU WITH PROTECTION
Street Address AGAINST CERTAIN CONSTRUCTION AND.
City, State, Zip. Home/Mobile Phone SAFETY HAZARDS IN YOUR HOME. TO.
HELP ASSURE YOUR PROTECTION, THE
E-mail Address
MANUFACTURER OF YOUR HOME NEEDS THE
Retailer/Seller_ Date Sold. INFORMATION THAT THE WARRANTY CARDS ON,
THIS PAGE, WHEN COMPLETED AND MAILED,
Street Address
WILL SUPPLY. IF YOU BOUGHT YOUR HOME
City, State, Zip. Phone FROM ARETAILER, PLEASE BE SURE THAT YOUR
LOCATION OF HOME RETAILER HAS COMPLETED AND MAILED A
Street Address
CARD FOR YOU. THIS WILL ENSURE THAT YOUR
City, State, Zip. Phone HOME IS REGISTERED IN OUR WARRANTY
INFORMATION CENTER. IF YOU ACQUIRED
Date of Manufacture I I Serial No.
YOUR HOME FROM SOMEONE WHO IS NOT A
Model No.. RETAILER, YOU SHOULD PROMPTLY FILL OUT
DESIGN WIND ZONE DESIGN ROOF LOAD THERMAL ZONE AND SEND A CARD TO THE MANUFACTURER. IT
WIND ZONE | 15 PSF SOUTH-20 PSF ZONE | IS IMPORTANT THAT YOU KEEP THIS BOOKLET
WIND ZONE |! 100 MPH MIDDLE-30 PSF ZONE I AND GIVE IT TO ANY PERSON WHO BUYS THE
WIND ZONE Ill 110 MPH NORTH-40 PSF ZONE Il HOME FROM YOU.
OTHER MPH
wee sole ao Doo oo ee ee ee ee ee ee eee ee ee ee ee eee ee ee eee eee
WARRANTY REGISTRATION PLEASE DETACH AND RETURN KEEP THIS BOOKLET WITH YOUR HOME. TITLE
VI OF THE HOUSING AND COMMUNITY ACT
Owner/Purchaser OF 1974 PROVIDES YOU WITH PROTECTION
Street Address AGAINST CERTAIN CONSTRUCTION AND.
City, State, Zip. Home/Mobile Phone SAFETY HAZARDS IN YOUR HOME. TO.
HELP ASSURE YOUR PROTECTION, THE
E-mail Address
MANUFACTURER OF YOUR HOME NEEDS THE
Retailer/Seller_ Date Sold. INFORMATION THAT THE WARRANTY CARDS ON,
THIS PAGE, WHEN COMPLETED AND MAILED,
Street Address
WILL SUPPLY. IF YOU BOUGHT YOUR HOME
City, State, Zip. Phone FROM ARETAILER, PLEASE BE SURE THAT YOUR
LOCATION OF HOME RETAILER HAS COMPLETED AND MAILED A
Street Address CARD FOR YOU. THIS WILL ENSURE THAT YOUR
City, State, Zip. Phone HOME IS REGISTERED IN OUR WARRANTY
INFORMATION CENTER. IF YOU ACQUIRED
Date of Manufacture I I Serial No.
YOUR HOME FROM SOMEONE WHO IS NOT A
Model No.. RETAILER, YOU SHOULD PROMPTLY FILL OUT
DESIGN WIND ZONE DESIGN ROOF LOAD THERMAL ZONE AND SEND A CARD TO THE MANUFACTURER. IT
WIND ZONE | 15 PSF —_ SOUTH-20 PSF ZONE | IS IMPORTANT THAT YOU KEEP THIS BOOKLET
WIND ZONE | 100 MPH MIDDLE-30 PSF ZONE I AND GIVE IT TO ANY PERSON WHO BUYS THE
WIND ZONE II! 110 MPH NORTH-40 PSF ZONE Ill HOME FROM YOU.
OTHER MPH
CMH MFG WEST_000995
II NO POSTAGE
NECESSARY
IF MAILED
IN THE
UNITED STATES.
BUSINESS REPLY MAIL
FIRST-CLASS MAIL PERMIT NO. 4665 KNOXVILLE TN
POSTAGE WILL BE PAID BY ADDRESSEE
WARRANTY REGISTRATION CENTER
PO BOX 9780
MARYVILLE TN 37802-9974
be
hehe hele
ll
ee
Bot ee
NO POSTAGE
NECESSARY
IF MAILED
IN THE
UNITED STATES.
BUSINESS REPLY MAIL
FIRST-CLASS MAIL PERMIT NO. 4665 KNOXVILLE TN
POSTAGE WILL BE PAID BY ADDRESSEE
WARRANTY REGISTRATION CENTER
PO BOX 9780
MARYVILLE TN 37802-9974
whe
hehe he leet
II
ee A-+
NO POSTAGE
NECESSARY
IF MAILED
IN THE
UNITED STATES.
BUSINESS REPLY MAIL
FIRST-CLASS MAIL PERMIT NO. 4665 KNOXVILLE TN
POSTAGE WILL BE PAID BY ADDRESSEE
WARRANTY REGISTRATION CENTER
PO BOX 9780
MARYVILLE TN 37802-9974
whe
hehe he leet
CMH MFG WEST_000996
DEAR NEW HOMEOWNER:
Homeownership brings a certain pride, a sense of accomplishment and a reassuring peace
of mind. These values build memories to be treasured by family and friends year after year.
Your Homeowner's Manual will help you learn about your new home and how to enjoy all of
its features. Your home needs special care to preserve it and keep it in good working order.
This Homeowner's Manual has been prepared to help you meet your responsibilities and to
explain the main areas of your home that should receive regular attention.
So, welcome to our growing family. Remember, we're here when you need us.
If you have a question that is not covered in this Homeowner's Manual or need further
assistance, do not hesitate to contact us.
We wish you many happy years in your new home.
Sincerely,
Clayton Perris
CMH MFG WEST_000997
4 WELCOME
7 ONE YEAR LIMITED WARRANTY AND BINDING DISPUTE RESOLUTION AGREEMENT
14 HOMEOWNER'S MANUAL
Electrical System
Gas System
Water System
Appliances
Home Safety
Fire Safety
Smoke Alarms
Emergency Exits
Systems Safety
Wind Safety
Installing and Anchoring Your Home
Home Site
19 MORE ABOUT YOUR HOME
Data Plate
Home Diagrams
Insurance
21 CARING FOR YOUR HOME
Owner's Maintenance Responsibility
Exterior Maintenance
Caulking & Sealants
Finished Wood Walls
Finished Metal Walls & Vinyl Siding
Frame
Roofs
Locks & Latches
Windows
23 INTERIOR MAINTENANCE
Heating & Air Circulation System
Fuel Oil Furnace System
Gas (LP or Natural) Furnace System
Electric Heating System
Whole-House Ventilation
Condensation & Humidity
Moisture Control
Reducing Moisture
Air Conditioning
Cabinets and Cupboards
Doors
Drapery Care
Floors
Furniture
CMH MFG WEST_000998
Plumbing Fixtures
Fiberglass, Acrylic or Other Plastic Fixtures
Porcelain Fixtures
Walls
Windows
29 TROUBLESHOOTING GUIDE
Electrical Troubleshooting
Plumbing System Troubleshooting
Anti-Scald Valves
Heating/Air Condition System Troubleshooting
Structural Troubleshooting
Living Tips
31 MOVING YOUR HOME
32 IMPORTANT INFORMATION
36 HUD DISPUTE RESOLUTION
38 STATE ADMINISTRATIVE AGENCIES
44 INDEX
6
CMH MFG WEST_000999
This One Year Limited Warranty and Binding Dispute some limitations set forth in this Limited Warranty may
Resolution Agreement applies to your home*, and your not apply to you.
agreement to the terms of the One Year Warranty and
This Limited Warranty is in addition to, and not in
Binding Dispute Resolution Agreement is a condition
derogation of, all other rights and privileges which the
of the sale of your home and of the Manufacturer's
Original Purchaser may have under any applicable law.
performance of the Limited Warranty. This One Year
Limited Warranty and Binding Dispute Resolution Subject to the terms and conditions set forth in this Limited
Agreement constitutes and shall be interpreted as one Warranty, the Manufacturer warrants that the home is
agreement. manufactured in a workman-like manner and will be free
from Defects in materials and workmanship during the
*Some manufacturing plants offer broader express Warranty Period.
home warranties than those expressed in this
In the event that (a) the home contains a Defect that was
Homeowner’s Manual. Unless attached hereto, the only
present at the time of its manufacture, (b) Manufacturer is
manufacturer’s express warranty applicable to your
provided with written notice of the Defect (as provided for
Home is that set forth herein.
hereafter) during the Warranty Period, (c) such Defect is
LIMITED WARRANTY covered by this Limited Warranty, and (d) such Defect is
not excluded from this Limited Warranty, Manufacturer will
either (1) repair or cause the repair of the Defect or (2)
For purposes of this Limited Warranty, the terms set
forth below have the following meanings: replace or cause the replacement of the component in
which the Defect appears. Manufacturer shall elect whether
to repair or replace a component in which a Defect
. “Defect(s)” means any failure to comply with an
appears. Repair or replacement, as may be elected by
applicable building code and state and federal
the Manufacturer, provide your exclusive remedy
law that was in effect when the home was
under this Limited Warranty. Note: Replacement parts
manufactured, except to the extent that such
may have slight variations in color.
failure is excluded or otherwise not covered by
this Limited Warranty. To obtain performance of Manufacturer's obligations under
this Limited Warranty, the Original Purchaser must provide
“Home” means a new manufactured or modular
the Manufacturer with written notice identifying the Defect
home manufactured by the Manufacturer and
and requesting warranty service. The following are the
purchased by the Original Purchaser(s).
addresses and telephone numbers for the divisions
“Original Purchaser(s)” means the individual(s) or responsible for the performance of obligations under this
entity who bought the home from an authorized Limited Warranty:
dealership and who use or permit others to use Clayton Perris
the home for personal, family, or household 3100 North Perris Blvd
purposes (rather than for commercial or industrial Perris, CA 92571
purposes). 951.657.1611
“Manufacturer” means Clayton Perris,
along with any divisions or subsidiaries. If the plant responsible for performing obligations under this
Limited Warranty has not resolved your problems within a
“Warranty Period” means a period of 12 months, reasonable time period, then contact the Corporate Office
which period begins when a home is installed on either by mail or telephone.
the property of the Original Purchaser(s) or the
designee of the Original Purchaser(s). Customer Advocacy Department
5000 Clayton Road
Manufacturer extends this Limited Warranty to the Maryville, Tennessee 37804
Original Purchaser(s) of any home and any person to
whom the Original Purchaser(s) transfer title to the The address of the Manufacturer of the home covered by
home. Only the Original Purchaser(s) and persons to this Limited Warranty is indicated on either the front of your
whom the Original Purchaser(s) transferred title may Homeowner's Manual or the Data Plate located in your
enforce this Limited Warranty. This Limited Warranty home. To learn more about the Data Plate, see page 19 of
applies only while the home is located at the Original this Homeowner's Manual.
Purchaser(s)’ initial site. Some states do not allow
limitations on how long an implied warranty lasts, so
CMH MFG WEST_001000
Warranted repairs or replacement will be completed within . Any home used in whole or in part for
a reasonable time or the time required by applicable law, commercial or industrial purposes.
but the time required for repair or replacement will depend
upon the availability of parts or labor, the accessibility of Claims, demands, or liabilities arising out of the
the Home, the weather or the season of the year, and other leasing of the home.
factors outside of Manufacturer's control. Repair work Subject to applicable law, any item manufactured
performed or authorized under this Limited Warranty is or installed by a third party, including appliances
warranted under the same terms and conditions of this or accessories; provided that if the Manufacturer
Limited Warranty until the end of the Warranty Period or installs an item manufactured by a third party,
the time provided by applicable law, whichever is longer. this Limited Warranty will cover Defects resulting
MANUFACTURER EXPRESSLY DISCLAIMS ANY from improper installation.
IMPLIED WARRANTIES OF ANY KIND OR NATURE Expenses incurred to repair the home that are
INCLUDING THE IMPLIED WARRANTIES OF not approved by the Manufacturer in advance.
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND HABITABILITY. TO THE EXTENT Damage to personal property other than the
APPLICABLE LAW PROHIBITS THE DISCLAIMER OF home.
ANY IMPLIED WARRANTY, AND IN THE EVENT THAT
Shadows in the ceiling due to mud texture
SUCH IMPLIED WARRANTY IS OTHERWISE buildup at ceiling joints.
EXTENDED AS A MATTER OF LAW, SUCH WARRANTY
IS LIMITED IN DURATION TO A PERIOD OF ONE YEAR. Roof rumble and other roof noises on a home
equipped with a metal roof.
IN NO EVENT SHALL THE MANUFACTURER HAVE
ANY LIABILITY TO THE ORIGINAL PURCHASER(S) OR Defects or damages resulting from:
ANY OTHER PERSON FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING ECONOMIC . Improper transportation, unless such Defect or
LOSS OR EXTRA EXPENSE INCURRED. For example, damage results from improper transportation
the following are NOT covered by this Limited Warranty: by the Manufacturer.
Improper installation, leveling or re-leveling of
. Inconvenience; the home or installation of skirting or other
. Lodging, meals, or other travel costs; accessories provided by your retailer.
. Loss of home use; Failure to properly perimeter block exterior
doors.
. Payment for loss of time or pay;
Failure to properly seal a multi-section home.
. State or local taxes required on warranty repair;
Failure to properly install plumbing and
. Storage. electrical “cross-overs” and connections.
Settling of the home or shifting soil conditions
SOME STATES DO NOT ALLOW THE EXCLUSION OR (such as glass/mirror cracking or breakage,
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL door adjustments, minor drywall and ceiling
DAMAGES, SO THE ABOVE LIMITATION OR cracks).
EXCLUSION MAY NOT APPLY TO YOU.
The use of fixed or portable kerosene, LPG,
THIS WARRANTY GIVES YOU SPECIFIC LEGAL natural gas or other forms of fuel-burning
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS unvented heater(s) or unvented gas logs in
WHICH VARY FROM STATE TO STATE. the home.
THE ONE YEAR LIMITED WARRANTY DOES NOT Soot or smoke damage caused by use of
COVER THE FOLLOWING: candles in home.
. Any home moved from the site where the home Frozen pipes.
originally was set-up.
Any structures attached to the home, including
Any home installed or located outside the decks and porches.
continental United States.
CMH MFG WEST_001001
. Abuse, misuse, negligence, accident, theft, Onhomes with hinged roofs, the exposed
vandalism, natural disasters or acts of God. surface of the shingle tabs may vary in the
runs of shingles at the hinged area. (usually
Alteration or modification of the home. three to four courses)
Condensation, mold and mildew. In cases where vinyl floor coverings have to
Deterioration caused by exposure to ground be replaced due to damage, only the floor
moisture. covering in the room affected will be changed.
Tile bar(s) will be used at doorways or other
Inadequate drainage from beneath the home. room transitions. Additionally, quarter-round
Normal deterioration due to wear or exposure. molding may be used around the perimeter of
the room as a result of the floor covering
Wear and tear in stock and display homes. change.
Lack of maintenance. Itis not uncommon for vinyl siding to expand
during periods of extreme heat, which can
An oversized air conditioning system. Contact
create a wavy look to the exterior of the home.
your retailer or Manufacturer for information
As the heat dissipates, so will this issue.
concerning the proper method for right-sizing
a system for your home. Even though cosmetic damage and imperfections are not
covered by the Limited Warranty, should cosmetic damage
Any consequential damages due to the use of
or imperfections be present at the time the home is
room/window air-conditioners. delivered to the Original Purchaser, the Manufacturer will
Failure to comply with instructions contained repair or cause the replacement of such cosmetic damage
in the Homeowner's Manual or the or imperfection provided you give the Manufacturer written
Manufacturer's Installation Manual or notice of such cosmetic damage or imperfection within
installation instructions. thirty (30) days of the date when the home was installed
The Manufacturer will not repair cosmetic damage that
Heavy furniture, artwork, appliances, or other have not been set forth in written notice received within
items that exceed the home's structural capacity, thirty (30) days of the date when the home was installed.
including but not limited to: safes, tanks, chests,
sculptures, or freezers. Cosmetic damage or THE REMEDIES PROVIDED IN THIS LIMITED
imperfections including, but not limited to, the WARRANTY ARE YOUR EXCLUSIVE REMEDIES; THE
following: MANUFACTURER IS NOT RESPONSIBLE FOR ANY
UNDERTAKING, REPRESENTATION, OR WARRANTY
. Broken, chipped or scratched glass, mirrors, MADE BY ANYONE OTHER THAN THE
or electrical cover plates. MANUFACTURER.
Dents, gouges, scratches, or scuffs in vinyl IN THE EVENT ANY PROVISION OF THIS LIMITED
floor coverings, walls, doors, cabinets, WARRANTY IS FOUND TO BE UNENFORCEABLE FOR
moldings, countertops, appliances, or ANY REASON, THE REMAINING PROVISIONS SHALL
plumbing fixtures, including toilet seats, BE ENFORCEABLE TO THE FULLEST EXTENT
shower stalls and tubs. PERMITTED BY LAW. IF ANY PROVISION REQUIRED
Stains, cuts and/or tears in and on carpets, TO BE SET FORTH IN A MANUFACTURER’
floor coverings, and window treatments.
WARRANTY BY APPLICABLE STATE OR FEDERAL
LAW IS OMITTED FROM THIS LIMITED WARRANTY,
Visible floor decking seams in areas with roll SUCH A PROVISION SHALL BE ADDED TO THIS
goods or tile floor coverings. LIMITED WARRANTY AND INCORPORATED BY
REFERENCE.
Damaged or stained hardware (such as door
pulls, knobs, towel bars, etc.), shower doors, THIS HOME MAY HAVE SUFFERED DAMAGE DURING
exterior siding, trim or shutters. PRODUCTION, TRANSIT OR WHILE IN CONTROL AND
POSSESSION OF THE DEALER AND REPAIRS MAY
Broken, missing or loose trim or gaps in trim. HAVE BEEN MADE PRIOR TO SALE.
Minor drywall and ceiling cracks. The Manufacturer will undertake all actions that it is
Torn or damaged window screens or shower ordered to undertake by state or federal agencies
curtains. regarding your home. However, any such actions shall
CMH MFG WEST_001002
not in any way broaden the scope or applicability of individual b: nd not on a rep ntative bi
this Limited Warranty. ck tion, which involves the aggregation of simi
individual Claims of Original Purck T,
Beneficiaries, and/or other persons into a single
BINDING DISPUTE RESOLUTION AGREEMENT proceeding. The Parties expressly agr not to
The Parties (defined below) agree to resolve all arbitrate any Claim: acl tion, a representative
action, a collective action, or a private attorney-
disput pursuant to the terms of this Binding ute
general action.
Resolution Agreement (the ‘Agreement”). This
Agreement is intended to apply to the Original B. Agreement to Mediate: All Claims that
Purchi ; Manufacturer (including it idiari
cannot be settled through direct dis ion and
and their/it ag' ents, a uct ors in inter
negotiation shall be submitted first to mediation with
and employees, as well as to certain Beneficiari of a mutually agreeable mediator (“Mediation”). If the
this Agreement, as defined below. TI ‘Agreement Partie: nnot agree on a mediator within a reasonable
supplements any and all other Agreements between time, then the Mediation all be administered by the
Original Purchaser and Manufacturer related to the
American Arbitration As: ciation (“AAA”) under its
Home. Original Purchaser and Manufacturer agree Construction Industry Arbitration Rules and
that this Agreement also appli to and governs the Mediation Procedures (the Rules”) in effect at the
rights of intended beneficiaries of this Agreement, time Mediation is requested. A copy of the Rules may
including (i) any retail dealership involved in the sale. be obtained, free of charge, from AAA, on the internet
transport and/or installation of the Home (ii) any at www.adr.org or by writing to American Arbitration
contractor, subcontractor,vendor and supplier Association, 120 Broadway, New York, NY 10005
(whether one or more) involved with the sal transport The Parties agree to mediate in good faith. The Parties
and/or inst lation of the Home; (iii) any person who
agree that information exchanged in the Mediation
has an owner: ‘ip interest in the Home; and (iv) any shall be held confidentially. The requirement of
person who resid at the Home or whose ims arise formally filing a Claim with a tribunal, to s fy an
from that person’s use of the Home (collectively, applicabl tute of limitatio: all be tolled during
Beneficiaries”), The Original Purchaser, the mediation pros with said tolling period to begin
Manufacturer (including bsidiaries) and
on the date that any Party notifi the other(s) in
Beneficiaries are sometimes referred to herein as writing of it intent to mediate (either through a
Party” or “Parties.” mutually agreeable mediator or the AAA). The tolling
Scope the Agreement This
period shall end on the date that either Party notifies
Agreement appli to all pre-ex ‘ing, present or
the other in writing following mediation that the
future dispute: claim: controvers , grievanc: and
Parties have reached an impa In the event the
Part are not su ful in resolving their dispute in
cau! of a ion against Manufacturer, including, but mediation, then the Parties agree to submit their
not limited to, common law claims, contract and
Claims to binding arbitration. Mediation of Claim: is
warranty claims, tort claims. statutory claims, a mandatory condition precedent to arbitration or a
administrative law laims, and any othi matter in
court proceeding. An agreement to resolve the Claims
question, not other excepted herein, ing out of in mediation shall be enforce: Je in any court having
or relating to the Home, including, but not limited to. jurisdiction thereof.
(i) the limited warranty provided with the Home,
any events leading up to the purchase of the Home, C. Agreement to Arbitrati The Parties
(iii) the Beneficiari > work and material related to
the Home, and (iv) the interpretation, scope, validity. agree to binding
mandatory. arbitration
(“Arbitration”) of all Claims that are not resolved in
and enforceability of the any documents related to the Mediation. Arbitration is a proce: in which a neutral
Original Purchase: purcl se of the Home, including arbitrator decides a dispute instead of a judge or jury
insurance, or the improvement to the Home
(collectively referred to as the “Claim” or “Claims”) Each side has an opportunity to present evidence to the
Arbitrator, both in writing and through witne: S.
Notwithstanding anything he in to the contrary, the Arbitration proceedings are | formal t
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1 DOWNEY BRAND LLP F Superior Court of Califonnia F MATTHEW J. WEBER (Bar No, 227314) ‘County of Butte: mweber@downeybrand.com I 621 Capitol Mall, 18th Floor Sacramento, CA 95814 L 5/31/2024 Tel : 916.444.1000 Facsimile: 916.444.2100 Attomeys for Defendants _ogomiesge| D Glectronicaily FILED CMH MANUFACTURING WEST, INC., and CMH HOMES, INC., dba CLAYTON HOMES OF OROVILLE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF BUTTE 10 Wl ALYSSA EDINGTON, et al., Case No. 24CV00454 12 Plaintiffs, DECLARATION OF ARMANDO CABRAL IN SUPPORT OF MOTION TO 13 y. COMPEL ARBITRATION 14 CMH MANUFACTURING WEST, INC., et Date: July 10, 2024 al., Time: 9:00 a.m. 15 Dept.: 6 Defendants, 16 Assigned to Honorable Stephen E. Benson 17 Action Filed: February 8, 2024 18 Trial Date: Not Yet Assigned 19 1, Armando Cabral, state that the following facts are true and accurate and that | am 20 competent to testify to the truth and accuracy of the same: 21 1 1 am the General Manager for CMH MANUFACTURING WEST, INC."s Perris, 22 22 California facility, | am over eighteen years of age and have personal knowledge of the 23 information in this Declaration in my capacity as General Manager for CMH 24 MANUFACTURING WEST, INC.'s Perris, California facility, based on my review of company 25 records and my investigation into the matters addressed herein. 26 2 | give this Declaration as evidence in the above-styled action for use in connection 27 with CMH MANUFACTURING WEST. INC. (“CMH Manufacturing West”) and CMH HOMES. 28 INC."s motion to compel arbitration. aime 1 DECT ARATION OF ARMANDO CARRAL IN SUPPORT OF MOTION TO COMPFL ARBITRATION 3 For every manufactured home it builds, CMH Manufacturing West's Perris, California facility physically includes with the home a copy of its Home Owners’ manual. For each home manufactured by the Perris, California facility at issue in the above-styled action, CMH Manufacturing West included the March 2020 version of its Home Owners’ manual. A copy of this Home Owners’ manual is attached as Exhibit 1. 4 | have personal knowledge of how Home Owners’ manuals are maintained by CMH Manufacturing West. A copy of the Home Owners’ manual attached as Exhibit 1 is kept in the regular course of CMH Manufacturing West's business. 5, CMH Manufacturing West sells homes to retail dealers. For the manufactured 10 homes at issue in the above-styled action, CMH Manufacturing West's Perris, California facility ll sold homes to the retail dealer CMH Homes, Inc. 12 6. The following plaintiffs in the above-styled action purchased a home manufactured 13 in CMH Manufacturing West's Perris, California facility: Andrews, Mark (Manufacture date: 14 11/19/20); Coleman, Carl Jr. (Manufacture date: 1 1/24/20); Covell, Frederick Albert (Manufacture 15 date: 7/9/20); Pierman, Shawna (Manufacture date: 12/10/20); and Seaman, Sharon (Manufacture 16 date: 11/12/20). 17 7 I have reviewed the plant files associated with those five homes, and CMH 18 Manufacturing West has provided service warranty work under the Home Owners’ warranty for 19 each of those five homes. Service warranty work under the Home Owners’ warranty is typically 20 provided by either a CMH Manufacturing West service technician (usually documented by a 21 “work order”) or by a representative or contractor for the retail dealer, which is then “billed back” 22 to CMH Manufacturing West. 23 8. CMH Manufacturing West constructed each home purchased by the above-listed 24 plaintiffs with component parts manufactured outside of California, the state where the respective 25 homes were manufactured. 26 Mit 27 “it 28 esa > DECLARATION OF \RMANDO CARRAL IN SI PPORT OF MOTION TO COMPFL ARRITR ATION 1 declare under penalty of perjury under the laws of the State of Califomia and the laws of the United States of America that the foregoing is true and correct ed this 3 day of May, 2024 10 11 12 13 i4 4 15 16 17 18 19 20 21 2B 24 25 26 27 28 ane) 3 DPCT AR NTION OF ARMANDO CARRAT IN SUPPORT OF MOTION TO COMPH ARBITRATION EXHBIT 1 TO DECLARATION OF ARMANDO CABRAL IN SUPPORT OF MOTION TO COMPEL ARBITRATION vf Zi melee vata e Fela lees l MH MFG WEST_00! v 1.5 — March 2020 IMPORTANT Type or clearly print the information required on the registration card. Your retail dealer is required to remove the card, complete the card with information provided by you, then mail it to us. The card is pre-addressed and does not require postage. The card should be completed and mailed as soon as possible after you take possession of your home. This information makes it easier to identify you and to verify that you are eligible to receive warranty service. Keep this booklet with your home. If your home is a manufactured home, TITLE VI of the Housing and Community Development Act of 1974 provides you with protection against certain construction and safety hazards in your manufactured home. To help assure your protection, the manufacturer of your home needs the information that these cards, when completed and mailed, will supply. If you bought your home from a dealer, please be sure that your dealer has completed and mailed a card for you. If you acquired your home from someone who is not a dealer, you should promptly fill out and send a card to the manufacturer. It is important that you keep this booklet and give it to any person who buys the home from you. CMH MFG WEST_000994 WARRANTY REGISTRATION PLEASE DETACH AND RETURN KEEP THIS BOOKLET WITH YOUR HOME. TITLE VI OF THE HOUSING AND COMMUNITY ACT Owner/Purchaser OF 1974 PROVIDES YOU WITH PROTECTION Street Address AGAINST CERTAIN CONSTRUCTION AND. City, State, Zip. Home/Mobile Phone SAFETY HAZARDS IN YOUR HOME. TO. HELP ASSURE YOUR PROTECTION, THE E-mail Address MANUFACTURER OF YOUR HOME NEEDS THE Retailer/Seller_ Date Sold. INFORMATION THAT THE WARRANTY CARDS ON, THIS PAGE, WHEN COMPLETED AND MAILED, Street Address WILL SUPPLY. IF YOU BOUGHT YOUR HOME City, State, Zip. Phone FROM ARETAILER, PLEASE BE SURE THAT YOUR OF HOME RETAILER HAS COMPLETED AND MAILED A Street Address CARD FOR YOU. THIS WILL ENSURE THAT YOUR City, State, Zip. Phone HOME IS REGISTERED IN OUR WARRANTY INFORMATION CENTER. IF YOU ACQUIRED Date of Manufacture I I Serial No. YOUR HOME FROM SOMEONE WHO IS NOT A Model No.. RETAILER, YOU SHOULD PROMPTLY FILL OUT DESIGN WIND ZONE DESIGN ROOF LOAD THERMAL ZONE AND SEND A CARD TO THE MANUFACTURER. IT WIND ZONE | 15 PSF SOUTH-20 PSF ZONE | IS IMPORTANT THAT YOU KEEP THIS BOOKLET WIND ZONE |! 100 MPH MIDDLE-30 PSF ZONE 1! AND GIVE IT TO ANY PERSON WHO BUYS THE WIND ZONE III 110 MPH NORTH-40 PSF ZONE Il HOME FROM YOU. OTHER. MPH wee cee eee coe ee ee ee ee ee ee ee ee ee ee ee ee eee ee ee eee eee WARRANTY REGISTRATION PLEASE DETACH AND RETURN KEEP THIS BOOKLET WITH YOUR HOME. TITLE VI OF THE HOUSING AND COMMUNITY ACT Owner/Purchaser OF 1974 PROVIDES YOU WITH PROTECTION Street Address AGAINST CERTAIN CONSTRUCTION AND. City, State, Zip. Home/Mobile Phone SAFETY HAZARDS IN YOUR HOME. TO. HELP ASSURE YOUR PROTECTION, THE E-mail Address MANUFACTURER OF YOUR HOME NEEDS THE Retailer/Seller_ Date Sold. INFORMATION THAT THE WARRANTY CARDS ON, THIS PAGE, WHEN COMPLETED AND MAILED, Street Address WILL SUPPLY. IF YOU BOUGHT YOUR HOME City, State, Zip. Phone FROM ARETAILER, PLEASE BE SURE THAT YOUR LOCATION OF HOME RETAILER HAS COMPLETED AND MAILED A Street Address CARD FOR YOU. THIS WILL ENSURE THAT YOUR City, State, Zip. Phone HOME IS REGISTERED IN OUR WARRANTY INFORMATION CENTER. IF YOU ACQUIRED Date of Manufacture I I Serial No. YOUR HOME FROM SOMEONE WHO IS NOT A Model No.. RETAILER, YOU SHOULD PROMPTLY FILL OUT DESIGN WIND ZONE DESIGN ROOF LOAD THERMAL ZONE AND SEND A CARD TO THE MANUFACTURER. IT WIND ZONE | 15 PSF SOUTH-20 PSF ZONE | IS IMPORTANT THAT YOU KEEP THIS BOOKLET WIND ZONE |! 100 MPH MIDDLE-30 PSF ZONE I AND GIVE IT TO ANY PERSON WHO BUYS THE WIND ZONE Ill 110 MPH NORTH-40 PSF ZONE Il HOME FROM YOU. OTHER MPH wee sole ao Doo oo ee ee ee ee ee ee eee ee ee ee ee eee ee ee eee eee WARRANTY REGISTRATION PLEASE DETACH AND RETURN KEEP THIS BOOKLET WITH YOUR HOME. TITLE VI OF THE HOUSING AND COMMUNITY ACT Owner/Purchaser OF 1974 PROVIDES YOU WITH PROTECTION Street Address AGAINST CERTAIN CONSTRUCTION AND. City, State, Zip. Home/Mobile Phone SAFETY HAZARDS IN YOUR HOME. TO. HELP ASSURE YOUR PROTECTION, THE E-mail Address MANUFACTURER OF YOUR HOME NEEDS THE Retailer/Seller_ Date Sold. INFORMATION THAT THE WARRANTY CARDS ON, THIS PAGE, WHEN COMPLETED AND MAILED, Street Address WILL SUPPLY. IF YOU BOUGHT YOUR HOME City, State, Zip. Phone FROM ARETAILER, PLEASE BE SURE THAT YOUR LOCATION OF HOME RETAILER HAS COMPLETED AND MAILED A Street Address CARD FOR YOU. THIS WILL ENSURE THAT YOUR City, State, Zip. Phone HOME IS REGISTERED IN OUR WARRANTY INFORMATION CENTER. IF YOU ACQUIRED Date of Manufacture I I Serial No. YOUR HOME FROM SOMEONE WHO IS NOT A Model No.. RETAILER, YOU SHOULD PROMPTLY FILL OUT DESIGN WIND ZONE DESIGN ROOF LOAD THERMAL ZONE AND SEND A CARD TO THE MANUFACTURER. IT WIND ZONE | 15 PSF —_ SOUTH-20 PSF ZONE | IS IMPORTANT THAT YOU KEEP THIS BOOKLET WIND ZONE | 100 MPH MIDDLE-30 PSF ZONE I AND GIVE IT TO ANY PERSON WHO BUYS THE WIND ZONE II! 110 MPH NORTH-40 PSF ZONE Ill HOME FROM YOU. OTHER MPH CMH MFG WEST_000995 II NO POSTAGE NECESSARY IF MAILED IN THE UNITED STATES. BUSINESS REPLY MAIL FIRST-CLASS MAIL PERMIT NO. 4665 KNOXVILLE TN POSTAGE WILL BE PAID BY ADDRESSEE WARRANTY REGISTRATION CENTER PO BOX 9780 MARYVILLE TN 37802-9974 be hehe hele ll ee Bot ee NO POSTAGE NECESSARY IF MAILED IN THE UNITED STATES. BUSINESS REPLY MAIL FIRST-CLASS MAIL PERMIT NO. 4665 KNOXVILLE TN POSTAGE WILL BE PAID BY ADDRESSEE WARRANTY REGISTRATION CENTER PO BOX 9780 MARYVILLE TN 37802-9974 whe hehe he leet II ee A-+ NO POSTAGE NECESSARY IF MAILED IN THE UNITED STATES. BUSINESS REPLY MAIL FIRST-CLASS MAIL PERMIT NO. 4665 KNOXVILLE TN POSTAGE WILL BE PAID BY ADDRESSEE WARRANTY REGISTRATION CENTER PO BOX 9780 MARYVILLE TN 37802-9974 whe hehe he leet CMH MFG WEST_000996 DEAR NEW HOMEOWNER: Homeownership brings a certain pride, a sense of accomplishment and a reassuring peace of mind. These values build memories to be treasured by family and friends year after year. Your Homeowner's Manual will help you learn about your new home and how to enjoy all of its features. Your home needs special care to preserve it and keep it in good working order. This Homeowner's Manual has been prepared to help you meet your responsibilities and to explain the main areas of your home that should receive regular attention. So, welcome to our growing family. Remember, we're here when you need us. If you have a question that is not covered in this Homeowner's Manual or need further assistance, do not hesitate to contact us. We wish you many happy years in your new home. Sincerely, Clayton Perris CMH MFG WEST_000997 4 WELCOME 7 ONE YEAR LIMITED WARRANTY AND BINDING DISPUTE RESOLUTION AGREEMENT 14 HOMEOWNER'S MANUAL Electrical System Gas System Water System Appliances Home Safety Fire Safety Smoke Alarms Emergency Exits Systems Safety Wind Safety Installing and Anchoring Your Home Home Site 19 MORE ABOUT YOUR HOME Data Plate Home Diagrams Insurance 21 CARING FOR YOUR HOME Owner's Maintenance Responsibility Exterior Maintenance Caulking & Sealants Finished Wood Walls Finished Metal Walls & Vinyl Siding Frame Roofs Locks & Latches Windows 23 INTERIOR MAINTENANCE Heating & Air Circulation System Fuel Oil Furnace System Gas (LP or Natural) Furnace System Electric Heating System Whole-House Ventilation Condensation & Humidity Moisture Control Reducing Moisture Air Conditioning Cabinets and Cupboards Doors Drapery Care Floors Furniture CMH MFG WEST_000998 Plumbing Fixtures Fiberglass, Acrylic or Other Plastic Fixtures Porcelain Fixtures Walls Windows 29 TROUBLESHOOTING GUIDE Electrical Troubleshooting Plumbing System Troubleshooting Anti-Scald Valves Heating/Air Condition System Troubleshooting Structural Troubleshooting Living Tips 31 MOVING YOUR HOME 32 IMPORTANT INFORMATION 36 HUD DISPUTE RESOLUTION 38 STATE ADMINISTRATIVE AGENCIES 44 INDEX 6 CMH MFG WEST_000999 This One Year Limited Warranty and Binding Dispute some limitations set forth in this Limited Warranty may Resolution Agreement applies to your home*, and your not apply to you. agreement to the terms of the One Year Warranty and This Limited Warranty is in addition to, and not in Binding Dispute Resolution Agreement is a condition derogation of, all other rights and privileges which the of the sale of your home and of the Manufacturer's Original Purchaser may have under any applicable law. performance of the Limited Warranty. This One Year Limited Warranty and Binding Dispute Resolution Subject to the terms and conditions set forth in this Limited Agreement constitutes and shall be interpreted as one Warranty, the Manufacturer warrants that the home is agreement. manufactured in a workman-like manner and will be free from Defects in materials and workmanship during the *Some manufacturing plants offer broader express Warranty Period. home warranties than those expressed in this In the event that (a) the home contains a Defect that was Homeowner’s Manual. Unless attached hereto, the only present at the time of its manufacture, (b) Manufacturer is manufacturer’s express warranty applicable to your provided with written notice of the Defect (as provided for Home is that set forth herein. hereafter) during the Warranty Period, (c) such Defect is LIMITED WARRANTY covered by this Limited Warranty, and (d) such Defect is not excluded from this Limited Warranty, Manufacturer will either (1) repair or cause the repair of the Defect or (2) For purposes of this Limited Warranty, the terms set forth below have the following meanings: replace or cause the replacement of the component in which the Defect appears. Manufacturer shall elect whether to repair or replace a component in which a Defect . “Defect(s)” means any failure to comply with an appears. Repair or replacement, as may be elected by applicable building code and state and federal the Manufacturer, provide your exclusive remedy law that was in effect when the home was under this Limited Warranty. Note: Replacement parts manufactured, except to the extent that such may have slight variations in color. failure is excluded or otherwise not covered by this Limited Warranty. To obtain performance of Manufacturer's obligations under this Limited Warranty, the Original Purchaser must provide “Home” means a new manufactured or modular the Manufacturer with written notice identifying the Defect home manufactured by the Manufacturer and and requesting warranty service. The following are the purchased by the Original Purchaser(s). addresses and telephone numbers for the divisions “Original Purchaser(s)” means the individual(s) or responsible for the performance of obligations under this entity who bought the home from an authorized Limited Warranty: dealership and who use or permit others to use Clayton Perris the home for personal, family, or household 3100 North Perris Blvd purposes (rather than for commercial or industrial Perris, CA 92571 purposes). 951.657.1611 “Manufacturer” means Clayton Perris, along with any divisions or subsidiaries. If the plant responsible for performing obligations under this Limited Warranty has not resolved your problems within a “Warranty Period” means a period of 12 months, reasonable time period, then contact the Corporate Office which period begins when a home is installed on either by mail or telephone. the property of the Original Purchaser(s) or the designee of the Original Purchaser(s). Customer Advocacy Department 5000 Clayton Road Manufacturer extends this Limited Warranty to the Maryville, Tennessee 37804 Original Purchaser(s) of any home and any person to whom the Original Purchaser(s) transfer title to the The address of the Manufacturer of the home covered by home. Only the Original Purchaser(s) and persons to this Limited Warranty is indicated on either the front of your whom the Original Purchaser(s) transferred title may Homeowner's Manual or the Data Plate located in your enforce this Limited Warranty. This Limited Warranty home. To learn more about the Data Plate, see page 19 of applies only while the home is located at the Original this Homeowner's Manual. Purchaser(s)’ initial site. Some states do not allow limitations on how long an implied warranty lasts, so CMH MFG WEST_001000 Warranted repairs or replacement will be completed within . Any home used in whole or in part for a reasonable time or the time required by applicable law, commercial or industrial purposes. but the time required for repair or replacement will depend upon the availability of parts or labor, the accessibility of Claims, demands, or liabilities arising out of the the Home, the weather or the season of the year, and other leasing of the home. factors outside of Manufacturer's control. Repair work Subject to applicable law, any item manufactured performed or authorized under this Limited Warranty is or installed by a third party, including appliances warranted under the same terms and conditions of this or accessories; provided that if the Manufacturer Limited Warranty until the end of the Warranty Period or installs an item manufactured by a third party, the time provided by applicable law, whichever is longer. this Limited Warranty will cover Defects resulting MANUFACTURER EXPRESSLY DISCLAIMS ANY from improper installation. IMPLIED WARRANTIES OF ANY KIND OR NATURE Expenses incurred to repair the home that are INCLUDING THE IMPLIED WARRANTIES OF not approved by the Manufacturer in advance. MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND HABITABILITY. TO THE EXTENT Damage to personal property other than the APPLICABLE LAW PROHIBITS THE DISCLAIMER OF home. ANY IMPLIED WARRANTY, AND IN THE EVENT THAT Shadows in the ceiling due to mud texture SUCH IMPLIED WARRANTY IS OTHERWISE buildup at ceiling joints. EXTENDED AS A MATTER OF LAW, SUCH WARRANTY IS LIMITED IN DURATION TO A PERIOD OF ONE YEAR. Roof rumble and other roof noises on a home equipped with a metal roof. IN NO EVENT SHALL THE MANUFACTURER HAVE ANY LIABILITY TO THE ORIGINAL PURCHASER(S) OR Defects or damages resulting from: ANY OTHER PERSON FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ECONOMIC . Improper transportation, unless such Defect or LOSS OR EXTRA EXPENSE INCURRED. For example, damage results from improper transportation the following are NOT covered by this Limited Warranty: by the Manufacturer. Improper installation, leveling or re-leveling of . Inconvenience; the home or installation of skirting or other . Lodging, meals, or other travel costs; accessories provided by your retailer. . Loss of home use; Failure to properly perimeter block exterior doors. . Payment for loss of time or pay; Failure to properly seal a multi-section home. . State or local taxes required on warranty repair; Failure to properly install plumbing and . Storage. electrical “cross-overs” and connections. Settling of the home or shifting soil conditions SOME STATES DO NOT ALLOW THE EXCLUSION OR (such as glass/mirror cracking or breakage, LIMITATION OF INCIDENTAL OR CONSEQUENTIAL door adjustments, minor drywall and ceiling DAMAGES, SO THE ABOVE LIMITATION OR cracks). EXCLUSION MAY NOT APPLY TO YOU. The use of fixed or portable kerosene, LPG, THIS WARRANTY GIVES YOU SPECIFIC LEGAL natural gas or other forms of fuel-burning RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS unvented heater(s) or unvented gas logs in WHICH VARY FROM STATE TO STATE. the home. THE ONE YEAR LIMITED WARRANTY DOES NOT Soot or smoke damage caused by use of COVER THE FOLLOWING: candles in home. . Any home moved from the site where the home Frozen pipes. originally was set-up. Any structures attached to the home, including Any home installed or located outside the decks and porches. continental United States. CMH MFG WEST_001001 . Abuse, misuse, negligence, accident, theft, Onhomes with hinged roofs, the exposed vandalism, natural disasters or acts of God. surface of the shingle tabs may vary in the runs of shingles at the hinged area. (usually Alteration or modification of the home. three to four courses) Condensation, mold and mildew. In cases where vinyl floor coverings have to Deterioration caused by exposure to ground be replaced due to damage, only the floor moisture. covering in the room affected will be changed. Tile bar(s) will be used at doorways or other Inadequate drainage from beneath the home. room transitions. Additionally, quarter-round Normal deterioration due to wear or exposure. molding may be used around the perimeter of the room as a result of the floor covering Wear and tear in stock and display homes. change. Lack of maintenance. Itis not uncommon for vinyl siding to expand during periods of extreme heat, which can An oversized air conditioning system. Contact create a wavy look to the exterior of the home. your retailer or Manufacturer for information As the heat dissipates, so will this issue. concerning the proper method for right-sizing a system for your home. Even though cosmetic damage and imperfections are not covered by the Limited Warranty, should cosmetic damage Any consequential damages due to the use of or imperfections be present at the time the home is room/window air-conditioners. delivered to the Original Purchaser, the Manufacturer will Failure to comply with instructions contained repair or cause the replacement of such cosmetic damage in the Homeowner's Manual or the or imperfection provided you give the Manufacturer written Manufacturer's Installation Manual or notice of such cosmetic damage or imperfection within installation instructions. thirty (30) days of the date when the home was installed The Manufacturer will not repair cosmetic damage that Heavy furniture, artwork, appliances, or other have not been set forth in written notice received within items that exceed the home's structural capacity, thirty (30) days of the date when the home was installed. including but not limited to: safes, tanks, chests, sculptures, or freezers. Cosmetic damage or THE REMEDIES PROVIDED IN THIS LIMITED imperfections including, but not limited to, the WARRANTY ARE YOUR EXCLUSIVE REMEDIES; THE following: MANUFACTURER IS NOT RESPONSIBLE FOR ANY UNDERTAKING, REPRESENTATION, OR WARRANTY . Broken, chipped or scratched glass, mirrors, MADE BY ANYONE OTHER THAN THE or electrical cover plates. MANUFACTURER. Dents, gouges, scratches, or scuffs in vinyl IN THE EVENT ANY PROVISION OF THIS LIMITED floor coverings, walls, doors, cabinets, WARRANTY IS FOUND TO BE UNENFORCEABLE FOR moldings, countertops, appliances, or ANY REASON, THE REMAINING PROVISIONS SHALL plumbing fixtures, including toilet seats, BE ENFORCEABLE TO THE FULLEST EXTENT shower stalls and tubs. PERMITTED BY LAW. IF ANY PROVISION REQUIRED Stains, cuts and/or tears in and on carpets, TO BE SET FORTH IN A MANUFACTURER’ floor coverings, and window treatments. WARRANTY BY APPLICABLE STATE OR FEDERAL LAW IS OMITTED FROM THIS LIMITED WARRANTY, Visible floor decking seams in areas with roll SUCH A PROVISION SHALL BE ADDED TO THIS goods or tile floor coverings. LIMITED WARRANTY AND INCORPORATED BY REFERENCE. Damaged or stained hardware (such as door pulls, knobs, towel bars, etc.), shower doors, THIS HOME MAY HAVE SUFFERED DAMAGE DURING exterior siding, trim or shutters. PRODUCTION, TRANSIT OR WHILE IN CONTROL AND POSSESSION OF THE DEALER AND REPAIRS MAY Broken, missing or loose trim or gaps in trim. HAVE BEEN MADE PRIOR TO SALE. Minor drywall and ceiling cracks. The Manufacturer will undertake all actions that it is Torn or damaged window screens or shower ordered to undertake by state or federal agencies curtains. regarding your home. However, any such actions shall CMH MFG WEST_001002 not in any way broaden the scope or applicability of individual b: nd not on a rep ntative bi this Limited Warranty. ck tion, which involves the aggregation of simi individual Claims of Original Purck T, Beneficiaries, and/or other persons into a single BINDING DISPUTE RESOLUTION AGREEMENT proceeding. The Parties expressly agr not to The Parties (defined below) agree to resolve all arbitrate any Claim: acl tion, a representative action, a collective action, or a private attorney- disput pursuant to the terms of this Binding ute general action. Resolution Agreement (the ‘Agreement”). This Agreement is intended to apply to the Original B. Agreement to Mediate: All Claims that Purchi ; Manufacturer (including it idiari cannot be settled through direct dis ion and and their/it ag' ents, a uct ors in inter negotiation shall be submitted first to mediation with and employees, as well as to certain Beneficiari of a mutually agreeable mediator (“Mediation”). If the this Agreement, as defined below. TI ‘Agreement Partie: nnot agree on a mediator within a reasonable supplements any and all other Agreements between time, then the Mediation all be administered by the Original Purchaser and Manufacturer related to the American Arbitration As: ciation (“AAA”) under its Home. Original Purchaser and Manufacturer agree Construction Industry Arbitration Rules and that this Agreement also appli to and governs the Mediation Procedures (the Rules”) in effect at the rights of intended beneficiaries of this Agreement, time Mediation is requested. A copy of the Rules may including (i) any retail dealership involved in the sale. be obtained, free of charge, from AAA, on the internet transport and/or installation of the Home (ii) any at www.adr.org or by writing to American Arbitration contractor, subcontractor,vendor and supplier Association, 120 Broadway, New York, NY 10005 (whether one or more) involved with the sal transport The Parties agree to mediate in good faith. The Parties and/or inst lation of the Home; (iii) any person who agree that information exchanged in the Mediation has an owner: ‘ip interest in the Home; and (iv) any shall be held confidentially. The requirement of person who resid at the Home or whose ims arise formally filing a Claim with a tribunal, to s fy an from that person’s use of the Home (collectively, applicabl tute of limitatio: all be tolled during Beneficiaries”), The Original Purchaser, the mediation pros with said tolling period to begin Manufacturer (including bsidiaries) and on the date that any Party notifi the other(s) in Beneficiaries are sometimes referred to herein as writing of it intent to mediate (either through a Party” or “Parties.” mutually agreeable mediator or the AAA). The tolling Scope the Agreement This period shall end on the date that either Party notifies Agreement appli to all pre-ex ‘ing, present or the other in writing following mediation that the future dispute: claim: controvers , grievanc: and Parties have reached an impa In the event the Part are not su ful in resolving their dispute in cau! of a ion against Manufacturer, including, but mediation, then the Parties agree to submit their not limited to, common law claims, contract and Claims to binding arbitration. Mediation of Claim: is warranty claims, tort claims. statutory claims, a mandatory condition precedent to arbitration or a administrative law laims, and any othi matter in court proceeding. An agreement to resolve the Claims question, not other excepted herein, ing out of in mediation shall be enforce: Je in any court having or relating to the Home, including, but not limited to. jurisdiction thereof. (i) the limited warranty provided with the Home, any events leading up to the purchase of the Home, C. Agreement to Arbitrati The Parties (iii) the Beneficiari > work and material related to the Home, and (iv) the interpretation, scope, validity. agree to binding mandatory. arbitration (“Arbitration”) of all Claims that are not resolved in and enforceability of the any documents related to the Mediation. Arbitration is a proce: in which a neutral Original Purchase: purcl se of the Home, including arbitrator decides a dispute instead of a judge or jury insurance, or the improvement to the Home (collectively referred to as the “Claim” or “Claims”) Each side has an opportunity to present evidence to the Arbitrator, both in writing and through witne: S. Notwithstanding anything he in to the contrary, the Arbitration proceedings are | formal t