McMillin Albany LLC v. Superior Court CA5
The Right to Repair Act (Civ. Code, §§ 895–945.5; the Act), which sets out statewide standards residential construction must meet, establishes a prelitigation dispute resolution process pursuant to which a homeowner must give the builder notice of any alleged construction defects, after which the builder has a right to attempt to cure the defects. (§§ 896, 910–938.) If the builder fails to comply with the prelitigation procedures or fails to remedy the defects, the homeowner may file an action for damages. (§§ 920, 925.) If the homeowner files suit without giving the builder the required notice, the builder may obtain a stay of the litigation, pending completion of the prelitigation process. (§ 930, subd. (b).)
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