Developments of Interest

New Cases of Interest - April 2, 2014

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04/02/2014

Burch v. Superior Court (2014) 223 Cal.App.4th 1411.  This was in the context of a construction defect case in which the trial court granted summary adjudication to the defendants on a negligence count and a breach of implied warranty.  The home buyer sought a petition for writ of mandate which the Court of Appeal granted.  In doing so the Court of Appeal held that the Right to Repair Act (Civil Code §895 et seq.) is not intended as an exclusive remedy for a homeowner seeking damages for construction defects that have resulted in property damage.  Other claims and causes of action for negligence and breach of implied warranty are also available to the homeowner. 

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