Elliott Homes, Inc. v. Superior Court

The Right to Repair Act, which requires compliance with rules requiring pre-litigation notice and opportunity to repair faulty construction prior to the filing of a suit, was intended to apply to any action for damages arising from deficiencies in new residential construction which was purchased after January 1, 2003.  Reading the Right to Repair Act (Civ. Code 895-945.5) together as a whole, this decision concludes that the Act was intended to apply to any action for damages arising from deficiencies in new residential construction which was purchased after January 1, 2003.  Hence, the plaintiff-buyer in any litigation of that sort must comply with the Right to Repair Act’s prelitigation notice and opportunity to repair procedures before filing suit, even if the plaintiff-buyer asserts no claim for violation of the construction standards set out in the Right to Repair Act but rather frames the complaint as being for negligence or products liability.

California Court of Appeal, Third District (Blease, Acting P.J.); December 2, 2016; 2016 WL 7030712

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