Gus Sara | The Subrogation Strategist | January 10, 2019 In Kohler Co. v. Superior Court, 29 Cal. App. 5th 55 (2018), the Second District of the Court of Appeal of California considered whether the lower court properly allowed homeowners to bring class action claims under the Right to Repair Act (the Act) against a manufacturer of a… Continue reading California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured Offsite
Tag: Right to Repair Act
Class Actions Under California’s Right to Repair Act. Nope. Well . . . Nope.
Garret Murai | California Construction Law Blog | December 17, 2018 It’s the holidays. A time when family and friends, and even neighbors, gather together. And nothing brings neighbors closer together than class action residential construction defect litigation. In Kohler Co. v. Superior Court, Case No. B288935 (November 14, 2018), the Second District Court of Appeal addressed… Continue reading Class Actions Under California’s Right to Repair Act. Nope. Well . . . Nope.
Deconstructing Construction Claims – Issues to Consider When Handling Construction Defect Subrogation
William L. Doerler and Victoria Phillips | CLM | May 3, 2018 Construction defect claims often are complicated by a variety of issues, including those related to the statute of repose and contractual bars to recovery. In order to maximize the subrogation potential for these claims, you should deconstruct any potential subrogation barriers and, upon… Continue reading Deconstructing Construction Claims – Issues to Consider When Handling Construction Defect Subrogation
California Supreme Court Holds that the Right to Repair Act is a Homeowner’s Exclusive Remedy for Damages Arising from Construction Defects for New Residential Construction
Robert Nobel | TLSS Construction Law Blog | February 15, 2018 In McMillin Albany LLC et al. v. The Superior Court of Kern County (Van Tassel) [Case No. S229762], the California Supreme Court held that California Civil Code §§ 895 et seq. (the “Right to Repair Act”) provides the exclusive remedy for construction defect claims for economic loss and resulting… Continue reading California Supreme Court Holds that the Right to Repair Act is a Homeowner’s Exclusive Remedy for Damages Arising from Construction Defects for New Residential Construction
And the Winner Is . . . The Right to Repair Act!
Garret Murai | California Construction Law Blog | February 7, 2018 Civil litigation attorneys often talk about “damages.” Because without damages . . . well . . . you’re out of luck. But damages come in different flavors. In construction litigation, when it comes to defective construction, there are two basic flavors: actual damages and economic damages. Actual… Continue reading And the Winner Is . . . The Right to Repair Act!