California Court of Appeal

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WINDHAM AT CARMEL MOUNTAIN RANCH ASS'N v. SUPERIOR COURT OF SAN DIEGO COUNTY (PRESLEY COS.), D040584

The trial court erroneously granted a demurrer to plaintiff's breach of implied warranty claim in its construction defect action based on its finding that there was no privity of contract, because Code of Civil Procedure section 383 provides planitiff with the requisite privity.

Appellate Information

  • Decided 06/17/2003
  • Published 06/17/2003

Judges

  •  McDONALD, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Epsten, Grinnell & Howell, Douglas W. Grinnell, San Diego, and Luis E. Ventura, El Centro, for Petitioner., Koeller, Nebeker, Carlson & Haluck, Keith D. Koeller and Joseph J. Cullen, Irvine, for Real Parties in Interest.

  • For Appellees:
  • No appearance for Respondent.
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