• Land Use Attorney Capitola

Posts Tagged ‘burden of proof’

Homeowners Suing A Material Supplier Under California’s Right To Repair Act Must Prove The Supplier Violated A Particular Standard Due To Either Negligence Or Breach Of Contract.

In Acqua Vista Homeowners Assn. v. MWI, Inc., (2017) 7 Cal.App.5th 1129, the California Court of Appeal, Fourth District, clarified the burden of proof that homeowners must satisfy to prove defects in new construction against materials suppliers. The Court held that under SB 800 (the Right to Repair Act, “RRA”, California Civil Code § 895 et seq.), a material supplier may be held liable for defects in new residential construction if the supplier “caused, in whole or in part, a violation of a particular standard as the result of a negligent act or omission or a breach of contract.”

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Miles J. Dolinger
Attorney at Law
A Professional Corporation

314 Capitola Avenue Capitola, CA 95010
Phone: (831) 477-9193
FAX: (831) 477-9196
miles@dolingerlaw.com

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Richard. February 8, 2015
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