In McMillin Albany LLC v. Superior Court, the Supreme Court today holds that the 2002 Right to Repair Act is “virtually [the] exclusive remedy not just for economic loss but also for property damage arising from construction defects” in homeowner lawsuits. The court’s unanimous opinion by Justice Goodwin Liu thus concludes that homeowner plaintiffs were required to follow the Act’s pre-litigation dispute resolution process giving builders notice of alleged defects and a chance to cure the defects.
Resolving a conflict in the Court of Appeal case law, the Supreme Court affirms the Fifth District Court of Appeal. It disapproves a 2014 opinion by the Second District, Division Three, Court of Appeal and a 2013 opinion by the Fourth District, Division Three.
