Lantzy v. Centex Homes
31 Cal.4th 363 (Cal. 2003) Cited 503 times 1 Legal AnalysesHolding that California's equitable tolling doctrine operates to toll a statute of limitations for a claim asserted by a continuously confined civil detainee who has pursued his claim in good faith
Barker v. Lull Engineering Co.
20 Cal.3d 413 (Cal. 1978) Cited 589 times 7 Legal AnalysesHolding that once a plaintiff makes a prima facie showing of injury caused by product's design, the burden should shift to the defendant to prove that the product is not defective
AAS v. SUPERIOR COURT
24 Cal.4th 627 (Cal. 2000) Cited 277 times 18 Legal AnalysesFinding diminished value of residences containing hazardous defects not compensable
Grafton Partners v. Superior Court
36 Cal.4th 944 (Cal. 2005) Cited 118 times 21 Legal AnalysesHolding that right to jury trial may only be waived as prescribed by California legislature and listing methods allowed for such waivers
California Assn. of Health Facilities v. Department of Health Services
16 Cal.4th 284 (Cal. 1997) Cited 89 timesConcluding that statute incorporated common law liability principles without even inquiring whether the conduct prohibited by the statute — health and safety violations by nursing facilities — had been actionable at common law
Gonzalez v. Autoliv ASP, Inc.
154 Cal.App.4th 780 (Cal. Ct. App. 2007) Cited 33 timesNo. B188829. August 27, 2007. Appeal from the Superior Court of Los Angeles County, No. PC035288, John P. Farrell, Judge. Perry H. Rausher and Steven C. Gambardella for Plaintiff and Appellant. Gordon Rees, Roger M. Mansukhani, Christopher B. Cato and Eric M. Volkert for Defendant and Respondent. OPINION COOPER, P. J. We reverse the entry of summary judgment in favor of Autoliv ASP, Inc. (Autoliv). Autoliv failed to provide any evidence negating the theory that the airbag it manufactured was defective
Liberty Mutual Ins. Co. v. Brookfield Crystal Cove LLC
219 Cal.App.4th 98 (Cal. Ct. App. 2013) Cited 12 times 20 Legal AnalysesIn 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.
Section 895 - Generally
Cal. Civ. Code § 895 Cited 99 times 9 Legal AnalysesDescribing prelitigation procedure for construction disputes
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 AnalysesListing construction defects for which the developer is liable
Section 897 - Function or component not addressed by standards
Cal. Civ. Code § 897 Cited 25 timesBuilding standards for housing construction
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
Section 900 - Fit and finish limited warranty
Cal. Civ. Code § 900 Cited 18 timesListing "cabinets, mirrors, flooring, interior and exterior walls, countertops, paint finishes, and trim"
Section 916 - Inspection of claimed unmet standards
Cal. Civ. Code § 916 Cited 17 times(a) If a builder elects to inspect the claimed unmet standards, the builder shall complete the initial inspection and testing within 14 days after acknowledgment of receipt of the notice of the claim, at a mutually convenient date and time. If the homeowner has retained legal representation, the inspection shall be scheduled with the legal representative's office at a mutually convenient date and time, unless the legal representative is unavailable during the relevant time periods. All costs of builder
Section 945.5 - Comparative fault
Cal. Civ. Code § 945.5 Cited 15 timesAffording 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"
Section 912 - Builder's duties
Cal. Civ. Code § 912 Cited 13 timesA builder shall do all of the following: (a) Within 30 days of a written request by a homeowner or his or her legal representative, the builder shall provide copies of all relevant plans, specifications, mass or rough grading plans, final soils reports, Bureau of Real Estate public reports, and available engineering calculations, that pertain to a homeowner's residence specifically or as part of a larger development tract. The request shall be honored if it states that it is made relative to structural
Section 918 - Time period for authorization to proceed with repair; request for alternative contractors to make repair
Cal. Civ. Code § 918 Cited 13 timesUpon receipt of the offer to repair, the homeowner shall have 30 days to authorize the builder to proceed with the repair. The homeowner may alternatively request, at the homeowner's sole option and discretion, that the builder provide the names, addresses, telephone numbers, and license numbers for up to three alternative contractors who are not owned or financially controlled by the builder and who regularly conduct business in the county where the structure is located. If the homeowner so elects
Section 931 - Claim combining causes of action or damages not covered by part
Cal. Civ. Code § 931 Cited 12 timesListing any action for "personal injuries" among the causes of action not covered by the Act