California Court of Appeal

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McCaffrey v. Superior Court, F066080

The trial court erred in denying defendant's motion to compel alternative dispute resolution of plaintiffs' defective construction claims, where: 1) provisions in the home purchase contracts required the homeowners to submit their construction defect claims to non-adversarial pre-litigation procedures before proceeding with a lawsuit; and 2) said provisions are enforceable because there is nothing in the Right to Repair Act that requires the builder who elects to use contractual procedures to provide a particular procedure or to comply with the deadlines contained in Chapter 4 of the Act, and the contractual provisions are not unconscionable.

Appellate Information

  • Decided 03/24/2014
  • Published 03/24/2014

Judges

  • GOMES

Court

  • California Court of Appeal

Counsel