UPDATE – McMillin Albany LLC v. Superior Court
By: Richard H Glucksman and David A. Napper September 30, 2016
The matter has been fully briefed and the construction industry is one step closer to receiving the California Supreme Court’s highly anticipated decision regarding McMillin Albany LLC v. Superior Court (2015) 239 Cal.App.4th 1132. The Supreme Court will address the split of authority presented by the Fifth Appellate District Court’s holding in McMillin Albany, which outright rejected the Fourth Appellate District Court’s holding in Liberty Mutual Insurance Co. v. Brookfield Crystal Cove LLC (2013) 219 Cal.App.4th 98. The issue is whether the Right to Repair Act (SB800) is the exclusive remedy for all defect claims arising out of new residential construction sold on or after January 1, 2013. Oral argument is still pending, and CGDRB will continue to closely monitor the progress of this case. Stay tuned.
Latest posts by Richard H. Glucksman (see all)
- BULLETIN - April 26, 2019
- IMPORTANT ALERT: New California “Construction” Legislation - October 2, 2018
- FLASH BULLETIN – McMillin Albany LLC et al. v. Superior Court (2018) S229762 - February 15, 2018
Latest posts by David A. Napper (see all)
- FLASH BULLETIN – McMillin Albany LLC et al. v. Superior Court (2018) S229762 - February 15, 2018
- UPDATE – McMillin Albany LLC v. Superior Court & Gillotti v. Stewart - October 25, 2017
- Builder Must Respond To Homeowner’s Notice Of Claim Within 14 Days Even If Construction Defect Claim Is Not Alleged With The “Reasonable Detail” Required By California’s Civil Code – Blanchette v. Superior Court (2017) 8 Cal.App.5th 521 - May 25, 2017
