Kirby

FACTS AND PROCEEDINGS

Factual Background The following factual recitation summarizes the facts as described by plaintiff’s first amended complaint. In 2015, defendant built a home in Auburn as an owner-builder without a contractor’s license. Once construction was finished, defendant changed his mind and decided to sell the home. Plaintiff purchased the property. In 2016, plaintiff transferred title to the property into a trust. Plaintiff subsequently noticed numerous cracks beginning to form in the large columns supporting the roof. The rear patio also had sunk more than six inches in the corner. In May 2019, plaintiff gave defendant written notice pursuant to Civil Code section 910, which defendant did not answer. Plaintiff believed that defendant was aware of the issues before selling the property, but he made material misrepresentations and omissions regarding the extent of the defects. Procedural History Plaintiff filed a complaint on July 29, 2019. Defendant did not answer, and on September 19 plaintiff filed a request for entry of default. On February 10, 2020, plaintiff amended the complaint to specify the amount of alleged damages. On March 2, plaintiff filed proof that…