Property was subject to a first deed of trust and a mechanic’s lien. The property owner defaulted on the loan secured by the trust deed. Faced with foreclosure on that senior debt, the property owner gave the trust deed beneficiary title to the property by means of a grant deed in lieu of foreclosure. The […]
Too Late To Sue For Patent Defects.
In 1993, the Los Angeles County Metropolitan Transportation Authority (MTA) completed the rail station at 4th Street and Hill Street in Los Angeles. In 2011, plaintiff fell on a stairwell at the station. Alleging that the stairwell was “too small” and that its banister was “too low,” plaintiff sued the MTA. The MTA cross-complained against, […]
Another Unlicensed Contractor Case. “There Are Eight Million Stories In The Naked City. This Has Been One Of Them.”
California has a goal of precluding unlicensed contractors from maintaining actions for compensation, in order to assure contracting is performed by licensed contractors. There have been legions of cases involving one peculiar situation after another. In the instant matter, plaintiff, the live person, became a licensed general building contractor in 1995, and operated a sole […]
Design Professionals’ Duty Of Care Extends To Future Residential Purchasers.
A homeowners association brought an action for construction defects which made the homes unsafe and uninhabitable. Two of the defendants are architectural firms which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be built. When the case reached the California Supreme Court on […]
A Case Where A Contractor’s License Was Not Required.
The project is the ICE [U.S. Immigration and Customs Enforcement] perimeter fence in El Centro. The prime government contractor brought in a subcontractor, and the subcontractor brought in a sub-subcontractor. The sub-subcontractor received only partial payment and the subcontractor was fired. The sub-subcontractor filed a complaint invoking its rights under 40 U.S.C. § 3131-3134 [Miller […]
Homeowners Association Meetings Fall Outside The Scope Of Official Meetings Within The Meaning Of The Anti-SLAPP Statute.
The trails developed by a developer adjacent to a housing community were badly damaged during rains and flooding in 2005. The home owners association brought an action against the developers for construction defects. The HOA also sued three former employees of the developers who were appointed by the developers to be members of the HOA […]
County Failed To Prove Design Immunity.
A jury found plaintiff was injured as a result of a dangerous condition of public property, but also concluded the county was immune based on design immunity and returned a defense verdict. On appeal, the court noted that design immunity is an affirmative defense that must be plead and proved, and that, while “numerous witnesses […]
Information Sought In Discovery Involves Litigation Strategy.
The setting is a discovery dispute in a construction defect action. The trial court overruled the homeowner’s association’s claim of attorney-client privilege regarding efforts to depose individual homeowners regarding disclosures made at informational meetings about the litigation. The appellate court granted the association’s petition for writ of mandate, stating: “To the extent this record reveals […]
Although Outdated, Information Provided By Seller’s Broker Was Not Inaccurate.
The seller’s broker posted the following about a commercial parcel: “This parcel is in an earthquake study zone but has had a Fault Hazard Investigation completed and has been declared buildable by the investigating licensed geologist. Report available for serious buyers.” The report, however, was prepared in 1982, and it was posted in 2006 when […]
Homeowner’s Insurance Company Did Not Comply With The Right To Repair Act Before Completing Repairs.
When the owner purchased a home, he signed a document which advised him of the prelitigation procedures required in the Right to Repair Act [Civil Code section 895]. Six years later, when the home was vacant, a property manager discovered a water leak, and the owner notified his insurance company. The insurance company hired workers to […]
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