Elliott Homes, Inc. v. Super. Ct.

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Real parties in interest, Kevin Hicks et al., filed an action against petitioner Elliott Homes, Inc. (Elliott), the builder of their homes, seeking damages for construction defects. Elliott moved to stay the litigation until real parties in interest complied with the prelitigation procedure set forth in “SB 800” or “Right to Repair Act” (Act), Civil Code sections 895 through 945.5. Real parties in interest opposed the motion, arguing that the prelitigation procedure did not apply because they had not alleged a statutory violation of the Act. The trial court denied Elliott’s motion for a stay, and Elliott petitioned the Court of Appeal for a writ of mandate compelling the trial court to vacate its order, and enter a new order granting the motion for a stay. The Court issued an alternative writ of mandate and stayed the proceedings in the trial court. Elliott contended the trial court erred in concluding that real parties in interest did not need to comply with the prelitigation procedure set forth in the Act prior to filing the underlying action and in denying the motion to stay. The Court of Appeal granted the petition. View "Elliott Homes, Inc. v. Super. Ct." on Justia Law