Can Homeowners Evade the Right to Repair?
By Nick Cammarota There has been a growing trend by the plaintiff’s bar to attempt to bypass SB 800’s prelitigation right to repair process by filing a lawsuit in court first. SB 800 – the homebuilder “fix-it” law – was sponsored by CBIA in 2002 and applies to all new homes sold on or after Jan. 1, 2003. The plaintiff’s bar strategy has been to force the builder to defend the case, thereby incurring attorneys’ fees and expert costs in an effort to leverage the builder into settling the matter rather than pursuing a repair. The California Court of Appeal for the Fourth District has now opined on this practice. In Standard Pacific Corporation v. Superior Court of San Bernardino County (Garlow), the Court held that a plaintiff who does not send the statutorily required notice to the builder and provide the builder with an opportunity to repair, may not file suit without first establishing the builder’s failure to comply with the requirements of Civil Code section 912. Section 912 requires
