SB 800: Down but Not Out!
Until recently SB 800 was down for the count. Many in the building industry thought the law was going to be killed by the Liberty Mutual decision two years ago. It was there that the California Court of Appeal (in Liberty Mutual Insurance Co. v. Brookfield Crystal Cove, LLC) determined that California’s Right to Repair […]
West Coast Casualty Conference Ripe with SB 800 Analysis
This years West Coast Casualty Conference was well attended. Much valuable information was shared, not the least of which is that both sides in the construction defect arena believe that there will be more arbitration and less litigation in our future.
California Builders Gain SB 800 Victory
Would you expect that the Walt Disney Company would accede to a viewer’s request to see the story board for its latest film? Would you expect that Sony Corporation would divulge its diagrams for its latest release of the Playstation?
The Triple Crown of Construction Defect Reform – The Pinnacle Decision
The California Supreme Court recently held in the Pinnacle Museum Tower Association vs. Pinnacle Market Development decision that a binding arbitration provision contained in an HOA’s CC&R’s is a reasonable contractual provision. Arbitration is now legal between an HOA and its developer.
Arbitration Decision Coming Soon
On Tuesday, May 29, 2012, the California Supreme Court heard arguments from both sides in Pinnacle Museum Tower Association v. Pinnacle Market Development, in which the Court will decide whether a homeowners association is bound by an arbitration provision contained in its declaration of restrictions (“CC&Rs”).
Independent contractors, HOA’s, Managers and Management Companies Beware: new law “Willful Misclassification (SB 459 Corbett)” began 1/1/2012:
SB 459 became law January 1, 2012. The bill mandates that any person (manager or management company for example when advising their HOA client) who, for compensation, knowingly advises an employer to treat an individual as an independent contractor to avoid employee status shall be jointly and severally liable with the employer if the individual […]
Court Removes Plaintiffs’ Obstruction to SB 800
The Fifth District Court of Appeal has eliminated a common tactic by the plaintiffs’ bar to avoid SB 800’s prelitigation right to repair. In Baeza v. Superior Court of Kern County (Castle & Cooke), lawyers representing both original and subsequent purchasers of homes that are subject to SB 800 claimed that the builder failed to comply with certain […]
SB 800: Defect Attorney Sued for Fraud
As reported by CBIA on June 25th: “The plaintiff’s construction defect law firm of Milstein, Adelman & Kreger is being sued by eight former clients for fraud, deceit, malpractice and breach of fiduciary duty arising out of their representation in a construction defect lawsuit. The complaint alleges that the firm obtained blank signature pages that were […]
SB 800: Mandatory Arbitration No Longer Protects Developers from HOA Claims
Recently it was reported in the case of Villa Vicenza HOA v. Nobel Court Development, LLC that mandatory arbitration provisions in the CC&R’s, between the developer and the HOA, were no longer valid. The court ruled that while CC&R’s may be enforceable among homeowners and between the homeowners and the developers, such provisions are unenforceable […]