Andreea Custurea and Thomas Fama | Wood Smith henning & Berman In the case of River’s Side at Washington Sq. Homeowners Assn. v. Superior Court, 3d. Cir. No.C095860 (2023), a homeowners association successfully argued that it had standing to sue for construction defects on behalf of individual unit owners. Under the Right to Repair Act, homeowner… Continue reading HOA Has Standing To Bring A Claim On Behalf Of Homeowners For Construction Defect Claims
Tag: Right to Repair Act
The Right to Repair Act Means What it Says and Says What it Means
Garret Murai | California Construction Law Blog A rather short case for a short week. In Gerlach v. K. Hovnanian’s Four Seasons at Beaumont, LLC, 82 Cal.App.5th 303 (2022), the 4th District Court of appeals examined provisions of the Right to Repair Act (Civ. Code §§895 et. seq), also known as “SB 800” after its original bill number,… Continue reading The Right to Repair Act Means What it Says and Says What it Means
California Court of Appeal Addresses Right to Repair Statute
Blake Robinson | Davis Wright Tremaine The California Court of Appeal recently issued a decision analyzing the application of the Right to Repair Act1 as applied to a company that provided an allegedly defective product in a residential construction project. In State Farm General Insurance Co. v. Oetiker, Inc., 58 Cal.App.5th 940 (2020), the court concluded that… Continue reading California Court of Appeal Addresses Right to Repair Statute
Close Enough Only Counts in Horseshoes and Hand Grenades
Garret Murai | California Construction Law Blog In State Farm General Insurance Company v. Oetiker, Inc., Case No. B302348 (December 18, 2020), a manufacturer sued in subrogation action under the Right to Repair Act almost got away. Almost. The Oetiker Case James and Jennifer Philson’s home was substantially completed, and a notice of completion was recorded,… Continue reading Close Enough Only Counts in Horseshoes and Hand Grenades
Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant
Garret Murai | California Construction Law Blog Earlier this year I filed a complaint in a court which I won’t identify other than to say that it wasn’t the San Francisco Superior Court. Immediately upon filing the complaint the Court gave notice of a trial date. As counsel for the party bringing the action, I… Continue reading Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant