The trails developed by a developer adjacent to a housing community were badly damaged during rains and flooding in 2005. The home owners association brought an action against the developers for construction defects. The HOA also sued three former employees of the developers who were appointed by the developers to be members of the HOA […]
Although Outdated, Information Provided By Seller’s Broker Was Not Inaccurate.
The seller’s broker posted the following about a commercial parcel: “This parcel is in an earthquake study zone but has had a Fault Hazard Investigation completed and has been declared buildable by the investigating licensed geologist. Report available for serious buyers.” The report, however, was prepared in 1982, and it was posted in 2006 when […]
Permit Condition Removed Because No Subdivision Of Land Involved.
A city’s municipal code states no grading permit shall be issued for a hillside site larger than 60,000 square feet unless a “tentative tract map” has been approved by a city planner. Here, a property owner sought a permit for construction of a three-residence family compound over hillside lots totaling 85,000 square feet. The trial […]
Homeowner’s Insurance Company Did Not Comply With The Right To Repair Act Before Completing Repairs.
When the owner purchased a home, he signed a document which advised him of the prelitigation procedures required in the Right to Repair Act [Civil Code section 895]. Six years later, when the home was vacant, a property manager discovered a water leak, and the owner notified his insurance company. The insurance company hired workers to […]
Right To Repair Act Is Not The Exclusive Remedy In Construction Defect Cases.
A construction company built a home, which was purchased from the developer by plaintiff. In her action against the builder and developer, plaintiff alleged the home suffered from numerous construction defects. The trial court granted defendants’ summary adjudication of issues after defendants argued the Right to Repair Act [Civil Code section 895, et seq.] provides the […]
Developer Dilemma.
As a condition of a city giving approval for a developer to build 96 condominiums on a parcel of land, the city required the developer to set aside 10 condo units at below the market rate and make a substantial contribution to a city fund. The developer proceeded with construction but challenged the city’s requirements pursuant […]
Ongoing And Gradual Earth Movement Does Not Result In Lot Line Displacements.
In 1956, road construction by Los Angeles County in a then unincorporated area of the Palos Verdes Hills known as Portugese Bend accidentally reactivated a sub-surface prehistoric slide area. That incident sent just under one square mile of hillside property on an ongoing, slow-motion, downhill journey that inexorably leads to a bluff overlooking the Pacific Ocean. […]
Seller’s Agreement To Subordinate Its Security Interest To That Of The Bank’s Unenforceable.
The court’s first paragraph says it all: “This case involves competing claims of lien priority between the seller of real property, which took back a security interest on property sold to a developer, and the bank which financed development of the project through a construction loan. The issue is whether the seller’s agreement to subordinate its […]
Right To Repair Act Does Not Eliminate Homeowner’s Common Law Rights.
A homeowner purchased a newly constructed home from defendant. A pipe burst, resulting in significant damage. The homeowner’s insurer, plaintiff, paid the expenses and repair costs and then brought an action in subrogation for recovery. The trial court found the subrogation action was time barred under the Right to Repair Act [Civil Code section 895], and […]
Development Of Solar Project To Go Forward Despite Williamson Act contract.
A county cancelled a Williamson Act contract [Government Code section 51200] and certified an Environmental Impact Report [EIR] for a proposed solar power plant. The trial court denied a petition for extraordinary relief challenging certification of the EIR and the cancellation of the contracts brought by environmental groups trying to halt the proposed development. Under a […]