California Court of Appeal

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Treo @ Kettner Homeowners Assoc. v. Superior Court of San Diego County (Intergulf Construction Corp.), D052402

In a suit by petitioner-homeowners association for alleged construction defects, trial court order is vacated where: 1) legislature did not intend that CC&R's be sufficient to effectively and permanently waive the constitutional right to trial by jury; and 2) a developer-written requirement that all disputes between owners and developer and disputes between the association and developer are not "written contracts" as the legislature contemplated the term in the context of section 638.

Appellate Information

  • Decided 09/12/2008
  • Published 09/12/2008


  • BENKE, Acting P.J.


  • California Court of Appeal


  • For Appellant:
  • Epsten Grinnell & Howell, Jon H. Epsten, San Diego, Anne L. Rauch, Palm Desert, and Bryan M. Garrie, for Petitioner., Luce, Forward, Hamilton & Scripps, Charles A. Bird, Valentine S. Hoy VIII and Anne Morrison Epperly, San Diego, for Real Parties in Interest.

  • For Appellees:
  • No appearance for Respondent.
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