McMillin Albany LLC v. Super. Ct.Annotate this Case
Real parties filed an action against the builders of their homes for recovery of damages allegedly resulting from defects in the construction of the homes. Petitioners moved to stay the litigation until real parties complied with the statutory nonadversarial prelitigation procedures of the “Right to Repair Act”, Cal. Civil Code 895 et seq., which applies to construction defect litigation involving certain residential construction. After the trial court denied the stay, petitioner sought a writ of mandate compelling the trial court to vacate its order denying the motion and enter a new order granting the stay as requested. The court concluded that, in light of petitioner's showing that at least one court in this district reached the opposite result in a situation similar to that before the trial court here, and the presentations of amici curiae indicating the issues are of widespread interest in the building industry, the case is not moot. The court also concluded that petitioner is entitled to a stay of the action because real parties did not comply with the requirements of Chapter 4 and accommodate petitioner’s absolute right to attempt repairs. Accordingly, the court granted the writ.