Gerlach

BACKGROUND

A. The Dispute

Defendant developed Four Seasons at Beaumont (Four Seasons), a community for

adults 55 and over. Gerlach and Seals own homes in Four Seasons. Gerlach’s escrow

closed on March 16, 2006. In August 2015, Seals purchased her home from the original

owners, who closed escrow on the home in May 2007.

In October 2015 and January 2016, Gerlach and Seals served defendant with

notices of claims under the Act. As to the roofs, both notices cited section 896,

subdivisions (a)(4), (g)(3)(A), and (g)(11), and under the heading “Roof—Useful Life

Reduction” described the following issues: “Roof eaves along the front, back, left, and

The Legislature did not give an official name to the legislation (Senate Bill No. 800 (2001-2002 Reg. Sess.)), but the legislation is commonly referred to as the Right to Repair Act. (See McMillin Albany LLC v. Superior Court (2018) 4 Cal.5th 241, 247 (McMillin).)

2 right side of the home suffer from staining and/or deterioration due to a compromise to

the roof’s weatherproofing system. Roofing system exhibits evidence of excessive

ponding of water, improper tile fastening, improper valley sheet metal…