Lantzy

In this case, we will hold that the 10-year statute of limitations set forth in Code of Civil Procedure [1] section 337.15, for actions to recover damages for latent construction defects, is subject to equitable tolling during periods of repair. In reaching this conclusion, we will agree with holdings in Cascade Gardens Homeowners Assn. v. McKellar & Associates (1987) 194 Cal.App.3d 1252 , 240 Cal.Rptr. 113 ( Cascade Gardens ), and Grange Debris Box & Wrecking Co. v. Superior Court (1993) 16 Cal.App.4th 1349 , 20 Cal.Rptr.2d 515 , and disagree with the contrary holding in FNB Mortgage Corp. v. Pacific General Group (1999) 76 Cal.App.4th 1116 , 90 Cal.Rptr.2d 841 (FNB Mortgage) .

Centex Homes developed and constructed 450 single family homes in the Eagles Ridge subdivision in Antioch. The development was substantially completed in November 1988.

Appellants in this action are a group of persons who own homes in the Eagles Ridge subdivision. In August 1999, appellants filed a complaint against Centex Homes and various related entities (collectively Centex), alleging that their homes contained defective windows and window systems. The complaint was framed as a class…