[McMillin Albany LLC v. Superior Court (Van Tassell) C.A. 5th Litigation 9696___CA4th___]
Facts: A homeowner purchases a property from a builder and discovers defects in the construction which lead to damages to their home. The homeowner files a claim against the builder for construction defects and violation of the building standards set forth in the Right to Repair Act without first giving notice of the defects to the builder. The homeowner then dismisses the action against the builder for violating the building standards as set forth in the Act but proceeds with the construction defects claim.
Claim: The homebuilder seeks to delay court proceedings and resolve the matter outside of court, claiming the homeowner is bound by the construction defect notice requirement set forth in the Right to Repair Act which allows the builder to attempt to repair the defects prior to court action since the Act applies to all cases involving construction defects.
Counter claim: The homeowner seeks money losses from the builder claiming they do not have to give notice of construction defects to the builder as stated in the Right to Repair Act since they dismissed their complaint against the builder for violating the Act, thus their case does not fall under the requirements of the Act.
Holding: A California court of appeals holds the homeowner and builder need to complete the pre-litigation process and attempt to resolve the matter outside of court as required by the Right to Repair Act since the homeowner failed to follow guidelines under the Act applicable to all cases involving defects in home construction by not first sending a notice of defects to the builder as required by the Act. [McMillin Albany LLC v. Superior Court (Van Tassell) C.A. 5th Litigation 9696___CA4th___]
