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McMILLIN ALBANY v. S.C.

Amicus Curiae Brief of California Professional Association of Specialty Contractors

20 Cited authorities

  1. Montrose Chemical Corp. v. Admiral Ins. Co.

    10 Cal.4th 645 (Cal. 1995)   Cited 384 times   11 Legal Analyses
    Holding that rules of construction applicable to contracts generally also govern insurance contracts

  2. Delaney v. Superior Court

    50 Cal.3d 785 (Cal. 1990)   Cited 384 times   2 Legal Analyses
    Holding that the use of "all" in a constitutional provision precluded any exceptions

  3. AAS v. SUPERIOR COURT

    24 Cal.4th 627 (Cal. 2000)   Cited 277 times   18 Legal Analyses
    Finding diminished value of residences containing hazardous defects not compensable

  4. People v. Scott

    58 Cal.4th 1415 (Cal. 2014)   Cited 169 times
    Concluding in the context of similar language in Proposition 36 that “a defendant is ‘sentenced’ when a judgment imposing punishment is pronounced even if execution of the sentence is then suspended”

  5. Liberty Mutual Ins. Co. v. Brookfield Crystal Cove LLC

    219 Cal.App.4th 98 (Cal. Ct. App. 2013)   Cited 12 times   20 Legal Analyses
    In Liberty Mutual Ins. Co. v. Brookfield Crystal Cove LLC (2013) 219 Cal.App.4th 98 (Liberty Mutual), Hart purchased a new home built by Brookfield.

  6. Presley Homes, Inc. v. American States Ins. Co.

    90 Cal.App.4th 571 (Cal. Ct. App. 2001)   Cited 23 times
    Holding that insurer had broad duty to defend an additional insured

  7. McMillin Albany LLC v. Superior Court (Carl Van Tassell)

    239 Cal.App.4th 1132 (Cal. Ct. App. 2015)   Cited 3 times   5 Legal Analyses

    F069370 08-26-2015 MCMILLIN ALBANY LLC et al., Petitioners, v. The SUPERIOR COURT of Kern County, Respondent; Carl Van Tassell et al., Real Parties in Interest. Borton Petrini, Calvin R. Stead and Andrew M. Morgan, for Petitioners. Donahue Fitzgerald, Kathleen F. Carpenter ; Ware Law, Amy R. Gowan and Dee A. Ware, for California Building Industry Association as Amicus Curiae on behalf of Petitioners. Newmeyer & Dillon, Alan H. Packer, J. Nathan Owens, Paul L. Tetzloff and Jeffrey R. Brower, for Leading

  8. Darling v. Superior Court (Western Pacific Housing, Inc.)

    211 Cal.App.4th 69 (Cal. Ct. App. 2012)   Cited 3 times
    In Darling, the court rejected a homeowner's contention the document production required of homebuilders under the act (§ 912) could be initiated in the absence of the notice of claims required by section 910. (Darling, at p. 84, 149 Cal.Rptr.3d 331.)

  9. Section 4 - Common law rule of construction not applicable; Code establishing law of state

    Cal. Civ. Code § 4   Cited 166 times
    Commencing with Section 3179

  10. Section 895 - Generally

    Cal. Civ. Code § 895   Cited 99 times   9 Legal Analyses
    Describing prelitigation procedure for construction disputes

  11. Section 896 - Liability and claims limited to listed standards; applicability of title; inapplicability to condominium conversions

    Cal. Civ. Code § 896   Cited 66 times   2 Legal Analyses
    Listing construction defects for which the developer is liable

  12. Section 910 - Prelitigation procedures

    Cal. Civ. Code § 910   Cited 49 times
    Requiring exhaustion of prelitigation procedures in all cases where "a violation of the standards set forth in Chapter 2" is alleged

  13. Section 897 - Function or component not addressed by standards

    Cal. Civ. Code § 897   Cited 25 times
    Building standards for housing construction

  14. Section 944 - Damages

    Cal. Civ. Code § 944   Cited 21 times
    Listing among recoverable damages "the reasonable value of repairing any violation of the standards set forth in this title, the reasonable cost of repairing any damages caused by the repair efforts, ... the reasonable cost of removing and replacing any improper repair by the builder, reasonable relocation and storage expenses, lost business income if the home was used as a principal place of a business licensed to be operated from the home, reasonable investigative costs for each established violation ...."

  15. Section 943 - Causes of action not covered by title; right to reasonable value of repairing nonconformity

    Cal. Civ. Code § 943   Cited 18 times

    (a) Except as provided in this title, no other cause of action for a claim covered by this title or for damages recoverable under Section 944 is allowed. In addition to the rights under this title, this title does not apply to any action by a claimant to enforce a contract or express contractual provision, or any action for fraud, personal injury, or violation of a statute. Damages awarded for the items set forth in Section 944 in such other cause of action shall be reduced by the amounts recovered

  16. Section 900 - Fit and finish limited warranty

    Cal. Civ. Code § 900   Cited 18 times
    Listing "cabinets, mirrors, flooring, interior and exterior walls, countertops, paint finishes, and trim"

  17. Section 945.5 - Comparative fault

    Cal. Civ. Code § 945.5   Cited 15 times
    Affording builders an affirmative defense where losses are the result of "a homeowner's unreasonable failure to minimize or prevent those damages in a timely manner"

  18. Section 936 - Persons subject to chapter other builders; common law and contractual defenses; joint and several liability;

    Cal. Civ. Code § 936   Cited 12 times
    Stating that provisions of the Act outside of ch. 4, including [Civ. Code,] § 896, apply to 'material suppliers, . . . to the extent that the . . . material suppliers . . . caused, in whole or in part, a violation of a particular standard as the result of a negligent act or omission or a breach of contract'