Stofer

— Plaintiff Donna Stofer (plaintiff) purchased a home from Dr. Marcus F. Laux. Almost two years later, she sued the homebuilder, Shapell Industries, Inc. (Shapell), for strict liability, negligence, and fraudulent concealment. Plaintiff claimed Shapell built the home on unstable and uncompacted “fill” soil and with an inadequate foundation, causing “substantial differential movement” and numerous defects such as cracked floors, walls, and ceilings.

Shapell moved for summary judgment, contending it did not conceal any material information and plaintiff did not have standing to sue because her claims accrued while Dr. Laux owned the home. The trial court granted the motion as to plaintiff’s fraudulent concealment claim. It denied the motion as to plaintiff’s other claims, concluding there was a triable issue of material fact regarding whether plaintiff “own[ed] . . . any claims regarding defects in the design and construction of the home.” The court held a bench trial on the accrual issue, and entered judgment for Shapell, concluding plaintiff had “no standing to sue” because her claims accrued when Dr. Laux owned the home and he did not assign the claims to…