May It Please The Court: Weblog of legal news and observations, including a quote of the day and daily updates

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Quote of the Day - In the law of God, there is no statute of limitations. - Robert Louis Stevenson
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The Statute of Limitations is Real

Yesterday, the California Supreme Court handed a victory to the building industry and struck a blow to homeowners’ claims for defects in their homes. The issue focused on California’s 10-year statute of limitations for latent defects. The homeowners argued that the statute was delayed while the builder's the promises to correct defects in their homes went unfulfilled.

Centex Homes' rebuttal argued that the statute of limitations is long enough, and the Court should strike the homeowners’ lawsuit filed after the 10-year cutoff. The Court said: “The generous but firm cutoff date for construction defect suits is supported by the statute's plain language and legislative history. The 10-year period is not subject to equitable tolling while promises or attempts to repair are pending.” Lantzy v. Centex Homes 2003 DJDAR 8638 (Aug. 4, 2003). You can find the decision at California Supreme Court Opinions.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Tuesday, August 05, 2003 at 09:50 Comments Closed (0) |
 
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