In keeping with the holiday spirit, Wakako Uritani, a partner in our San Francisco office, has set up a food drive with Second Harvest. For more information and to register your company, click here.
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
CALIFORNIA SUPREME COURT HOLDS THAT CALIFORNIA’S SURVIVAL STATUTE DOES NOT APPLY TO FOREIGN CORPORATIONS
CALIFORNIA SUPREME COURT HOLDS THAT CALIFORNIA’S SURVIVAL STATUTE DOES NOT APPLY TO FOREIGN CORPORATIONS FOR PURPOSES OF THE APPLICABLE STATUTE OF LIMITATIONS FOR CLAIMS AGAINST DISSOLVED FOREIGN CORPORATIONS In Greb v. Diamond International Corp. (2013) 56 Cal.4th 243, the plaintiffs filed a complaint in California for personal injuries and loss of consortium arising from exposure to asbestos against defendant Diamond … Continue reading
Remember – It IS possible in California to shorten the time allowed to bring defect claims! (Brisbane Lodging, L.P. v. Webcor Builders, Inc. 216 CalApp. 4th 1249 (2013).) California law generally allows up to ten years to bring a claim for latent defects (those not apparent by “reasonable inspection”). This “delayed discovery rule” extends the accrual of a claim until … Continue reading
RIGHT TO REPAIR ACT PERMITS BUILDER TO OBTAIN FULL RELEASE IN EXCHANGE FOR CASH SETTLEMENT OF CLAIMS The California appellate court has provided guidance to homebuilders, homeowners and counsel concerning the scope of release which may be obtained concerning settlement of a “Right to Repair Act” claim. In Belasco v. Wells (2015 WL 661273), the plaintiff bought a home from … Continue reading
Defense Judgment: Limitations to a Homeowners’ Association’s Liability Lorber Greenfield & Polito (LGP) recently obtained a defense judgment for a homeowners’ association (“HOA”) client in a bench trial involving a breach of contract claim by one of its members, who owned a condominium unit on the first floor. The plaintiffs unsuccessfully alleged that the HOA failed to maintain the common … Continue reading