Archive - 2015

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California Supreme Court Denies Petition for Review and Request for Depublication of Recent Appellate Decision that Limited Application of SB 800

California Supreme Court Denies Petition for Review and Request for Depublication of Recent Appellate Decision that Limited Application of SB 800

Liberty Mutual Ins. Co. v. Brookfield Crystal Cove LLC 2013 WL 4538693 (Cal.App. 4 Dist.)

By: Richard H. Glucksman, Jon A. Turigliatto, and David A. Napper

On December 11, 2013, the California Supreme Court denied Respondent, Brookfield Crystal Cove, LLC’s Petition for Review and Request for Depublication of the recent decision by the Fourth District Court of Appeal in Liberty Mutual Ins. Co.  v. Brookfield Crystal Cove LLC, 2013 WL 4538693 (Cal.App. 4 Dist.) in which the Court of Appeal held that California’s Right to Repair Act (SB 800) is not a homeowner’s exclusive remedy for residential construction defects.

Liberty Mutual is now citable decisional authority in California and holds that homeowners may assert common law causes of action for construction defects that have resulted in actual property damage.  For construction defect that have caused actual property damage, homeowners are no longer required to comply with SB 800’s statutory pre-litigation procedures which provide builders with the opportunity to make repairs prior to the homeowner’s initiation of litigation.  Additionally, the decision permits homeowners to circumvent the shortened limitations periods for certain types of construction defects under the Right to Repair Act.

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