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California Civil Procedure, Keyed to Levine, 6th Ed.
Lantzy v. Centex Homes
Citation:
31 Cal. 4th 363, 2 Cal. Rptr. 3d, 73 P.3d 517 (2003)Facts
Plaintiffs filed their original complaint on August 5, 1999, and a first amended complaint on December 3, 1999, asserting both individual and class claims regarding the Eagles Ridge project, a 450-unit development of single-family homes in Antioch. The four individual plaintiffs were homeowners who bought their houses directly from defendants. The homes suffered from design or manufacturing defects, including leaks in the windows and window systems, causing damage to each residence. These defects were discovered within three years before the lawsuit was filed and may have developed earlier but could not have been discovered sooner with reasonable diligence. As problems from unknown defects were discovered, defendants represented they would correct all problems, were experts in construction, and would ensure the quality and integrity of the residences. At various times defendants attempted repairs or advised plaintiffs the windows were not defective and not to file a lawsuit. Despite promises and repair attempts, defendants never properly completed, reconstructed, repaired, or restored the windows, interior waterproofing systems, and associated walls. Defendants requested judicial notice that Notices of Completion on the four homes were recorded in November 1988, approximately 10 years and 9 months before plaintiffs filed their original complaint.
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