Newsroom Author: Kathryn Turner-Arsenault

Have You Been Served?

A recently decided California Fourth Appellate District opinion holds that a subcontractor that was defaulted in a construction defect case was not entitled to relief from the default judgment.  (Pulte Homes Corporation v. Williams Mechanical, Inc. (2016) Cal.App.4th, 2016 WL 4199093.)  Pulte Homes Corporation sued Williams Mechanical (“Williams”) for breach of a plumbing contract.  At the time, Williams was either … Continue reading

Pitfalls to Avoid When Making or Accepting Section 998 Settlement Offers

So you find yourself in the middle of what seems to be a never-ending lawsuit, wondering what might be the best way to extricate yourself, save some money, and even get the other party to pay some of your costs.  There are various ways any litigation might end:  with the judge ruling that the plaintiff has no claim (demurrer), with … Continue reading

Will Class Action Construction Defect Litigation Become More Acceptable in California?

In August 2015, the Fourth Appellate District reversed an Order of the Superior Court of Orange County that granted Developer’s motion to strike the class allegations of the Complaint in the case known as Chiang v. D.R. Horton Los Angeles Holding Co., Inc. The Court determined that the alleged class should be permitted to prove it had sufficient common questions … Continue reading

Can’t You See How Dangerous That Is?

Can’t You See How Dangerous That Is?  Patent Versus Latent Defects   One of the issues that should be addressed at the outset of any construction defect claim is whether the claimants’ allegations arise from latent or patent defects.  Under California Code of Civil Procedure section 337.15, litigation arising from latent defects must be filed within ten years of substantial … Continue reading