Court Requires Homeowners Seeking Damages for Construction

Defects to Comply with the Right to Repair Act

In Elliott Homes, Inc. v. Superior Court (Hicks), a California appellate court recently held that homeowners seeking damages for construction defects were required to comply with the prelitigation procedures set forth in the Right to Repair Act (“Act”), even though the homeowners did not sue based on the statute.  In Elliott Homes, plaintiffs sued Elliott Homes for construction defects in their newly-built homes.  Elliott moved to stay the litigation until the plaintiffs complied with the prelitigation procedures set forth in the Act.  The homeowners opposed, arguing that the prelitigation procedure did not apply as they had not asserted claims under the Act.  The trial court denied Elliott’s motion for a stay.  Elliott petitioned the court of appeal for a writ. 

The court of appeal granted the writ and ordered the homeowners to comply with the prelitigation procedures set forth in the Act.  The court held that the Act was broad and that the Act intended to cover damages arising out of or related to deficiencies in the construction. 

Shannon B. Jones, Partner, sbj@sbj-law.com