Standard Pacific Corp. v. Superior Court

INTRODUCTION

Civil Code section 895 et seq. establishes procedures and requirements with respect to construction defect cases involving homes and homeowners. (For convenience, we will sometimes follow the lead of petitioner Standard Pacific Corporation and refer to the statutes as the “Fix-it” law.) Section 910 sets out “prelitigation procedures” to be followed by plaintiffs before suit can be filed, procedures that can be summarized as “notice and opportunity to repair.” Section 912 in turn sets out certain requirements for builders with respect to documentation and information to be provided to homeowners. As a sanction, or incentive to comply, section 912 also provides, in subdivision (i), that a “builder who fails to comply with any of these requirements ... is not entitled to the protection of this chapter, and the homeowner is released from the requirements of this chapter and may proceed with the filing of an action ...” The simple question presented by this petition is whether a plaintiff who does not follow the procedures set out in section 910 must first establish the builder’s noncompliance with section 912, or whether a plaintiff is free to file suit and need…