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At the Lectern

Home defect opinion filing tomorrow

January 17, 2018

Tomorrow morning the Supreme Court will file its opinion in McMillin Albany LLC v. Superior Court.  (Briefs (including lots of amicus brief) here; oral argument video here.)  This is the first opinion in cases argued on the November calendar.  It’s also the first opinion of 2018.

McMillin will address this issue:  Does the Right to Repair Act (Civ. Code, § 895 et seq.) preclude a homeowner from bringing common law causes of action for defective conditions that resulted in physical damage to the home?  Second District, Division Two, Court of Appeal Presiding Justice Elwood Lui is the pro tem.  [Disclosure:  Horvitz & Levy filed an amicus curiae brief in this case.]

The opinion can be viewed tomorrow starting at 10:00 a.m.

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