Acosta

In these consolidated appeals arising from a construction defect action, we are presented with issues relating to the application of Code of Civil Procedure, section 337.15. The plaintiffs seek reversal of a summary judgment granted to a developer/general contractor on the ground that the plaintiffs had filed their complaints more than 10 years after the substantial completion of plaintiffs’ homes. The trial court rejected plaintiffs’ claim that the willful misconduct exception set out in subdivision (f) of section 337.15 precluded defendants’ reliance on the 10-year limitation period.* The court held that plaintiffs had failed to provide evidence that the alleged acts of willful misconduct had been committed directly by the defendants or under their supervision.

In granting defendants’ motion for summary judgment, the trial court acknowledged that plaintiffs had presented evidence of latent structural defects in their homes. Plaintiffs’ experts had opined that such defects (1) involved deviations from the building code and government-approved construction plans, (2) involved efforts to achieve cost savings, (3) appeared to be the result of willful misconduct, and (4)…