Grange Debris Box & Wrecking Co. v. SUPERIOR COURT OF MARIN CTY.

Code of Civil Procedure section 337.15, enacted in 1971, imposes “an absolute requirement that a suit against a contractor to recover damages for a construction defect be brought within 10 years of the date of substantial completion of construction, regardless of the date of discovery of the defect.” (Regents of University of California v. Hartford Acc. & Indem. Co. (1978) 21 Cal.3d 624, 631 , fn. omitted [ 147 Cal.Rptr. 486 , 581 P.2d 197 ].) Subdivision (c) of the statute, in “clear, unambiguous, and reasonable” language, states one exception—a transactionally related cross-complaint for indemnity may be filed outside the 10-year limit if the main action has been brought within the 10-year period. (Valley Circle Estates v. VTN Consolidated, Inc. (1983) 33 Cal.3d 604, 609 [ 189 Cal.Rptr. 871 , 659 P.2d 1160 ].) In the case before us, by overruling a demurrer the court has proposed to extend this exception for an indemnity cross-complaint when both the main action and the cross-complaint were filed outside the 10-year period. We conclude the court erred and we direct issuance of a writ of mandate.

Procedures

Petitioners, Grange Debris Box and Wrecking Co., Inc. and Fred…