Newsroom Category: SB800

San Diego Judge Holds that Present Owners of Residential Property Have Standing To Bring Claims Under SB800

Judge Ronald L. Styn issued a minute order on May 29, 2015 clarifying a question of standing which frequently arises in SB-800 cases.  In Union Square at Broadway Homeowners Association v. Western Pacific Housing-Broadway, LLC, Superior Court of California, County of San Diego, Central, Case No: 37-2011-00091935-CU-CD-CTL, Judge Styn was confronted with a discovery referee’s recommendation regarding documentation of proof … Continue reading

New Decision Rejects Liberty Mutual V. Brookfield and Upholds the Right to Repair Act’s Prelitigation Inspection and Repair Procedures

NEW DECISION REJECTS LIBERTY MUTUAL V. BROOKFIELD AND UPHOLDS THE RIGHT TO REPAIR ACT’S PRELITIGATION INSPECTION AND REPAIR PROCEDURES On August 26, 2015 the California Court of Appeal, Fifth District, published its decision in McMillin Albany LLC v. Superior Court, F069370, which discusses specifically how Liberty Mutual and Burch misinterpreted the Right to Repair Act (the “Act” or “SB800”), and … Continue reading

California Superior Courts Unpersuaded By Plaintiffs’ Counsels’ Attempts To Cherry-Pick

California Superior Courts Unpersuaded By Plaintiffs’ Counsels’ Attempts To Cherry-Pick Causes Of Action To Avoid Compliance With Both Statutory And Contractual Prelitigation And Alternative Dispute Resolution Procedures   Plaintiffs’ attorneys throughout California have been taking the position over the past year that if they do not plead a violation of the functionality standards as set forth in California Civil Code … Continue reading