Loughrin

This petition, brought under Code of Civil Procedure section 437c, subdivision (l), seeks a writ of mandate directing the superior court to reverse its order granting summary adjudication. The complaint which was the subject of the summary judgment motion contained five causes of action. Summary judgment was denied because the court found certain of the causes of action to be viable. Summary adjudication was granted in favor of the defendant, however, as to the first cause of action. This cause of action was based on the alleged negligent failure of the defendant, Irwin Barr, a seller of residential real estate (sometimes called Seller herein), to make appropriate disclosures of defects in the real property in accordance with the statutory duty set forth in Civil Code section 1102 et seq.

The thrust of the summary judgment motion did not reach the question of whether concealed defects actually existed respecting the realty. The sole ground of defense was that Seller’s potential liability for nondisclosure of defects was waived by the insertion in the sales agreement of a provision to the effect that the property was purchased “as is.”

The clause upon which Seller relies…