Homeowners’ Claims Alleging Construction Defects Resulting In Property Damage Are Subject To The Right To Repair Act’s Prelitigation Procedures Regardless Of How The Claims Are Pleaded.

In McMillin Albany LLC v. Superior Court, (2018) 4 Cal.5th 241,  the California Supreme Court held that homeowners’ (collectively “the Van Tassels”) claims seeking recovery for construction defect damages are subject to the Right to Repair Act (“RRA” or “The Act”, California Civil Code section 895 et seq.), and thus the Van Tassels were required to comply with prelitigation procedures under the Act even if their operative complaint did not include expressly allege an RRA claim.