Albano, et al. v. Shea Homes Ltd P'ship, et al., No. 09-15808 (9th Cir. 2011)Annotate this Case
The Supreme Court of Arizona answered questions that the court certified to that court. Specifically, it had determined that the rule of American Pipe & Construction Co. v. Utah did not toll the statute of repose for construction-defect claims set forth in Arizona Revised Statutes section 12-552. It also determined that Arizona's saving statute, Ariz. Rev. Stat. 12-504(A), did not operate to save appellants' claims. Both of the parties agreed that the Supreme Court of Arizona's answers to the court's certified questions put an end to the litigation that was before the court. Consequently, the court held that, for the reasons articulated by the Supreme Court of Arizona, appellants' claims were time-barred. Therefore, the judgment of the district court dismissing appellants' complaints was affirmed.
This opinion or order relates to an opinion or order originally issued on February 3, 2011.