California Court of Appeal

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Darling v. Superior Court of Solano County, A135747

Plaintiffs' petition for a writ of mandate challenging the trial court's grant of defendants' motion to stay plaintiffs' construction defect lawsuit for failure to comply with the statutory prelitigation procedure of sections 910, is denied where based on the language of the statute and the statutory scheme, as well as the statutory purpose and relevant legislative history, a homeowner must serve notice of a construction defect claim under section 910(a) to commence the statutory prelitigation procedure, and until such service the builder has no obligation to respond to a request for documents under section 912(a).

Appellate Information

  • Decided 11/16/2012
  • Published 11/16/2012

Judges

  • Needham

Court

  • California Court of Appeal

Counsel

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