McMillin Albany LLC v. Superior Court of Kern County

4 Cal. 5th 241, 408 P.3d 797 (2018)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

McMillin Albany LLC v. Superior Court of Kern County

California Supreme Court
4 Cal. 5th 241, 408 P.3d 797 (2018)

  • Written by Noah Lewis, JD

Facts

Carl and Sandra Van Tassel and others (collectively the Van Tassels) (plaintiffs) purchased 37 new homes from developer and general contractor McMillin Albany LLC (McMillin) (defendant). The Van Tassels sued McMillin, alleging the homes were defective, which caused property damage to the homes and economic loss due to the cost of repairs and lower property values. The complaint included common-law claims for negligence, strict product liability, breach of contract, and breach of warranty, plus a statutory claim for violation of construction standards under Civ. Code § 896, part of California’s Right-to-Repair Act. The act established statewide home-building standards and a prelitigation dispute-resolution process affording builders notice of alleged construction defects and the right to repair. If the notice-and-repair-or-compensate process failed, homeowners could sue for deficiencies even in the absence of property damage or personal injury. Rather than agreeing to stay the litigation to engage in the mandatory resolution process under the act, the Van Tassels dismissed their § 896 claim. Finding that the act applied only to construction defects causing economic loss and not claims alleging property damage or personal injuries, the trial court denied McMillin’s motion for a stay. The appellate court reversed, concluding that the act did require the prelitigation process. The California Supreme Court granted review.

Rule of Law

Issue

Holding and Reasoning (Liu, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 736,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 736,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 736,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership