Full title: VIRGINIA SINGLETARY v. CYPRESS MANUFACTURED HOMES LLC, ET AL.
Court: United States District Court, Western District of Louisiana
Date published: Mar 30, 2023
Facts
Singletary agreed with Brewer to build and construct a manufactured home on her land in Eastern Texas. Once construction was complete, Singletary noted 58 individual problems with the home and a few issues with Brewer’s installation. Among other problems, Singletary cited an uneven foundation and defective utility lines. Singletary also alleges Brewer double-billed her for enumerated improvements and failed to provide several aesthetic amenities and add-ons promised during the “bargained-for exchange.”Singletary thus filed a complaint alleging the following causes of action: (1) Breach of Contract; (2) Negligence; (3) Fraud; and (4) Redhibition. Brewer filed a Federal Rule of Civil Procedure 12(b)(6) motion in response and urged the Court to dismiss this action because Singletary failed to comply with the New Modular and Manufactured Home Warranty Act’s (“MHWA” or the “Act”) notice provisions.
Issue
Decision
For the above reasons, Brewer’s motion is GRANTED in part and DENIED in part. The motion is GRANTED regarding Singletary’s claims arising from negligence and redhibition. These claims are DISMISSED without prejudice. To the extent Singletary bases her fraud and breach of contract claims on Brewer’s defective workmanship or breached warranties, those claims are also DISMISSED without prejudice. Brewer’s motion is DENIED as it relates to Singletary’s contract and fraud claims unrelated to construction defects, building code violations, or poor workmanship. This matter is REFERRED to the Magistrate Judge for a scheduling conference.
THUS DONE AND SIGNED.