INCO DEVELOPMENT CORP. v. Superior Court

Under the circumstances of this case we hold that the tolling provision contained in Code of Civil Procedure section 356 does not apply to extend the 10-year period set forth in section 337.15 within which plaintiffs can file actions based on latent construction defects. As a result we find that certain of the consolidated actions are time-barred so that the trial court was required to grant the summary judgment motion brought on that basis by defendants Inco Development Corporation and Inco Homes Corporation (Inca). We, therefore, grant Inco’s petition for writ of mandate seeking review of that denial.

FACTS AND PROCEDURAL HISTORY

This is a construction defect case. Inco developed and constructed each of the 216 homes in the Reunion subdivision in Adelanto that are the subject of this litigation.

Inco moved for summary judgment on the ground that the 10-year statute of limitations under section 337.15 for latent defects barred action as to 157 of the homes involved. As to these homes, completion certificates were recorded on or before May 16, 1993, commencing the period for filing action for latent construction defects. The first of the lawsuits brought by 14…