As predicted, the California Supreme Court has granted the petition for review of the McMillin decision following the clear split in authorities between the Fourth and Fifth District Court of Appeals. In Liberty Mut. Ins. Co. v. Brookfield Crystal Cove LLC (2013) 219 Cal.App.4th 98, the Fourth District Court of Appeal held that compliance with SB800’s pre-litigation procedures prior to … Continue reading
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.
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