Litigation
Sep. 6, 2013
A boon to construction defect plaintiffs
A recent decision has held that the "Right to Repair Act" does not apply to cases in which a property owner has suffered actual damages. By Mark Roth
Christmas has come early for construction defect plaintiffs and their subrogating carriers! A recent decision from the Court of Appeal has held that the 2002 "Right to Repair Act" (Civil Code Section 895 et seq.) does not apply to cases in which a property owner has suffered actual damages. In a well-reasoned opinion, the court in Liberty Mutual Insurance Company v. Brookfield Crystal Cove, LLC, 2013 DJAR 11583 (Cal. App. 4th Dist. A...
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