Anders

In response to a motion by real party in interest (real party), the trial court issued an order that included a requirement that petitioners comply with the statutory procedures ordinarily imposed on homeowners as a prerequisite to filing an action against a builder to remedy construction defects. Petitioners seek a writ of mandate directing the trial court to vacate its order and instead enter an order denying real party’s motion in its entirety. We conclude the trial court misinterpreted the governing statute and grant the petition.

*584 FACTUAL AND PROCEDURAL BACKGROUND

Civil Code sections 895 through 945.5 1 (Sen. Bill No. 800 (2001-2002 Reg. Sess.) (Senate Bill No. 800)) set out a nonadversarial prelitigation procedure by which the purchaser of a home who believes there are defects in the construction of the home for which the builder is liable must give the builder notice of the alleged defects and an opportunity to investigate and repair them prior to initiating a court action seeking remedies. Under the statutory scheme, the builder has the option of contracting for an alternative nonadversarial prelitigation procedure at the time of the initial sale of the…