California Courts of Appeal
Dec. 14, 2016
More litigation over Right to Repair Act
The 3rd District Court of Appeal recently issued a writ of mandate ordering a stay of pending litigation until plaintiffs satisfied the pre-litigation procedures mandated by the act. By Mark S. Roth
Mark S. Roth
Member
Cozen O'Connor
Email: mroth@cozen.com
Mark is a former office managing partner of the Los Angeles office of Cozen O'Connor, which he opened when he joined the firm in 1995.
The Right to Repair Act has reared its ugly head again. In Elliott Homes, Inc. v. Superior Court (Hicks), 2016 DJDAR 11930 (Dec. 2, 2016), the 3rd District Court of Appeal issued a writ of mandate ordering a stay of pending litigation until plaintiffs satisfied the pre-litigation procedures mandated by the act.
Senate Bill 800, codified in Civil Code Sections 895-945.5, requires that prior to litigation homeowners mu...
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