Schwetz

The trial court sustained a general demurrer and granted a motion for judgment on the pleadings brought by two developers on the ground the 10-year statute of limitations commenced to run when a notice of completion had been recorded on the plaintiffs’ residence. The court granted leave to amend. The plaintiffs did not amend the complaint, and the complaint was dismissed. This appeal followed.

Appellants argue Code of Civil Procedure section 337.15 (a) should be interpreted by dividing this section into two groups: (1) a “developer” and (2) an “improver” section. Then appellants would place two different dates on which the 10-year statute of limitations for damages for latent defects to real property commences would run: (1) an undefined date for the substantial completion of the entire “development” by the “developer” and (2) section 337.15, subdivision (g)’s four alternative dates for the substantial completion of an “improvement” by an “improver.” We conclude the trial court correctly interpreted section 337.15 because a “developer” can be an “improver” and a “development” is a “work of improvement” for purposes of this section. Accordingly, we affirm.

Factual and…