Preview
Luke P. Ryan, Esq., SBN 167634
Lori J. Guthrie, Esq. SBN 196231
Iguthrie srfirms.corn
SHINNICK A RYAN LLP
4141 Jutland Drive, Suite 210
San Diego, CA 92117
Tel: (619) 239-5900
Fax: (619) 239-1833
Attorneys for Plaintiffs
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
10
JESSIE D BENCITO, an individual, GABRIELA Case No.:
BENCITO, an individual, STEVE CADENA, an
CONSTRUCTION DEFECTt
12 individual, LORI CADENA, an individual, PETE t
M. CLOUD, an individual, MARK CORREA, an
13 individual, DEANA CORREA, an individual, COMPLAINT FOR DAMAGES:
RICHARD DERING, an individual, ERIC
ELIAZO, an individual, MARY ANNE ELAZIO, 1. VIOLATION OF BUILDING
STANDARDS AS SET FORTH IN
15 an individual, SERGIO GARNICA, an individual, CALIFORNIA CIVIL CODE
ARLENE GARNICA, an individual, KARLA SECTION 896
16 JOHNSON, an individual, TAMI KUNZE, an 2. BREACH OF CONTRACT
individual, FRANCISCO J. DELGADO, an 3. BREACH OF EXPRESS
17
individual, STEVEN LI, an individual, TAMARA
WARRANTY
18 LI, an individual, MARTIN MERCADO, an
individual, CELIA MERCADO, an individual, Complaint Filed:
19 MARIO MONTES JR., an individual, ADRIENNE Judge:
MONTES, an individual, GUY H. OGLESBY III, Dept.:
20
an individual, CHERIE OGLESBY, an individual,
21 KALPITKUMAR PARIKH, an individual,
TIMOTHY PHILIP S, an individual, KRISTY
22 PHILIPS, an individual, REGlNALD RAINEY, an
23
individual, BRITANY RIGGS, an individual,
ARACELI SOTO, an individual, RAMESH BABU
SRIKAKOLLU, an individual, VENKATA
SUNITHA SRIKAKOLLU, an individual, WEIYU
25 TSENG, an individual
26
Plaintiffs,
27 vs.
28
j'j!!jj j.:.,'.j
;:0'hajj'jAj: &( j~ IOk: '»iuj~ j'ON &~FP''"''O Vj X~j9'~j~j~''-~ 4j
j 'Ok''~jj'~
~ -4jjj~j"'-'fVi16Oj')F -~ '~'
jj j-,~'jj i jj.;,O i j j(.''.,j;:
.". j. j.'Xj'jj (+8
j;j,;(.,'-j ( jj jyj'j4; i j 7
&~':"i
D.R. HORTON LOS ANGELES HOLDING
COMPANY, INC., a California Corporation, and
DOES 1-500, inclusive,
Defendants.
PLAINTIFFS, for causes of action against DEFENDANTS, and each of them, demand a jury
trial for each cause of action and allege as follows:
PRELIMINARY ALLEGATIONS
1. JESSIE D BENCITO, an individual, GABRIELA BENCITO, an individual, STEVE
CADENA, an individual, LORI CADENA, an individual, PETE M. CLOUD, an individual, MARK
10
CORREA, an individual, DEANA CORREA, an individual, RICHARD DERING, an individual, ERIC
ELIAZO, an individual, MARY ANNE ELAZIO, an individual, SERGIO GARNICA, an individual,
12
ARLENE GARNICA, an individual, KARLA JOHNSON, an individual, TAMI KUNZE, an individual,
13
FRANCISCO J. DELGADO, an individual, STEVEN LI, an individual, TAMARA LI, an individual,
MARTIN MERCADO, an individual, CELIA MERCADO, an individual, MARIO MONTES JR., an
15
individual, ADRIENNE MONTES, an individual, GUY H. OGLESBY III, an individual, CHERIE
16
OGLESBY, an individual, KALPITKUMAR PARIKH, an individual, TIMOTHY PHILIPS, an
17
individual, KRISTY PHILIP S, an individual, REGINALD RAINEY, an individual, BRITANY RIGGS,
an individual, ARACELI SOTO, an individual, RAMESH BABU SRIKAKOLLU, an individual,
VENKATA SUNITHA SRIKAKOLLU, an individual, WEIYU TSENG, an individual, (hereinafter
20
"PLAINTIFFS" ), are all individuals residing within the County of Riverside, State of California, cities
21
of Corona, Eastvale A Jurupa Valley, and own real property, along with the residential dwellings and
22
other improvements situated thereon, within the housing developments known as '"'Copper Sky",
23
"Riverglen", "Sidonia", and "Symphony", "Sage Pointe" and "JP Ranch" (hereinafter referred to as the
"SUBJECT PROJECT" ). PLAINTIFFS'roperties are identified specifically as follows below,
25
hereinafter referred to as the "SUBJECT PROPERTIES":
26
27
28
-',l"~"j'ju[', jg,,',[:*&OF~ ['Og
['"O!'~i[", i, V[O[ .' [FO[;j[.~„j"[V[[,6O[jj':,t:»:
[OK 6
Preview
Luke P. Ryan, Esq., SBN 167634 Lori J. Guthrie, Esq. SBN 196231 Iguthrie srfirms.corn SHINNICK A RYAN LLP 4141 Jutland Drive, Suite 210 San Diego, CA 92117 Tel: (619) 239-5900 Fax: (619) 239-1833 Attorneys for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE 10 JESSIE D BENCITO, an individual, GABRIELA Case No.: BENCITO, an individual, STEVE CADENA, an CONSTRUCTION DEFECTt 12 individual, LORI CADENA, an individual, PETE t M. CLOUD, an individual, MARK CORREA, an 13 individual, DEANA CORREA, an individual, COMPLAINT FOR DAMAGES: RICHARD DERING, an individual, ERIC ELIAZO, an individual, MARY ANNE ELAZIO, 1. VIOLATION OF BUILDING STANDARDS AS SET FORTH IN 15 an individual, SERGIO GARNICA, an individual, CALIFORNIA CIVIL CODE ARLENE GARNICA, an individual, KARLA SECTION 896 16 JOHNSON, an individual, TAMI KUNZE, an 2. BREACH OF CONTRACT individual, FRANCISCO J. DELGADO, an 3. BREACH OF EXPRESS 17 individual, STEVEN LI, an individual, TAMARA WARRANTY 18 LI, an individual, MARTIN MERCADO, an individual, CELIA MERCADO, an individual, Complaint Filed: 19 MARIO MONTES JR., an individual, ADRIENNE Judge: MONTES, an individual, GUY H. OGLESBY III, Dept.: 20 an individual, CHERIE OGLESBY, an individual, 21 KALPITKUMAR PARIKH, an individual, TIMOTHY PHILIP S, an individual, KRISTY 22 PHILIPS, an individual, REGlNALD RAINEY, an 23 individual, BRITANY RIGGS, an individual, ARACELI SOTO, an individual, RAMESH BABU SRIKAKOLLU, an individual, VENKATA SUNITHA SRIKAKOLLU, an individual, WEIYU 25 TSENG, an individual 26 Plaintiffs, 27 vs. 28 j'j!!jj j.:.,'.j ;:0'hajj'jAj: &( j~ IOk: '»iuj~ j'ON &~FP''"''O Vj X~j9'~j~j~''-~ 4j j 'Ok''~jj'~ ~ -4jjj~j"'-'fVi16Oj')F -~ '~' jj j-,~'jj i jj.;,O i j j(.''.,j;: .". j. j.'Xj'jj (+8 j;j,;(.,'-j ( jj jyj'j4; i j 7 &~':"i D.R. HORTON LOS ANGELES HOLDING COMPANY, INC., a California Corporation, and DOES 1-500, inclusive, Defendants. PLAINTIFFS, for causes of action against DEFENDANTS, and each of them, demand a jury trial for each cause of action and allege as follows: PRELIMINARY ALLEGATIONS 1. JESSIE D BENCITO, an individual, GABRIELA BENCITO, an individual, STEVE CADENA, an individual, LORI CADENA, an individual, PETE M. CLOUD, an individual, MARK 10 CORREA, an individual, DEANA CORREA, an individual, RICHARD DERING, an individual, ERIC ELIAZO, an individual, MARY ANNE ELAZIO, an individual, SERGIO GARNICA, an individual, 12 ARLENE GARNICA, an individual, KARLA JOHNSON, an individual, TAMI KUNZE, an individual, 13 FRANCISCO J. DELGADO, an individual, STEVEN LI, an individual, TAMARA LI, an individual, MARTIN MERCADO, an individual, CELIA MERCADO, an individual, MARIO MONTES JR., an 15 individual, ADRIENNE MONTES, an individual, GUY H. OGLESBY III, an individual, CHERIE 16 OGLESBY, an individual, KALPITKUMAR PARIKH, an individual, TIMOTHY PHILIPS, an 17 individual, KRISTY PHILIP S, an individual, REGINALD RAINEY, an individual, BRITANY RIGGS, an individual, ARACELI SOTO, an individual, RAMESH BABU SRIKAKOLLU, an individual, VENKATA SUNITHA SRIKAKOLLU, an individual, WEIYU TSENG, an individual, (hereinafter 20 "PLAINTIFFS" ), are all individuals residing within the County of Riverside, State of California, cities 21 of Corona, Eastvale A Jurupa Valley, and own real property, along with the residential dwellings and 22 other improvements situated thereon, within the housing developments known as '"'Copper Sky", 23 "Riverglen", "Sidonia", and "Symphony", "Sage Pointe" and "JP Ranch" (hereinafter referred to as the "SUBJECT PROJECT" ). PLAINTIFFS'roperties are identified specifically as follows below, 25 hereinafter referred to as the "SUBJECT PROPERTIES": 26 27 28 -',l"~"j'ju[', jg,,',[:*&OF~ ['Og ['"O!'~i[", i, V[O[ .' [FO[;j[.~„j"[V[[,6O[jj':,t:»: [OK 6![" 8*:,.'[j,[7[NO ST,'&N[3.~g j)S;&8 Si"1 8OP"j";:[ P„: j',:gj '.[j[j j-:.':.ci[ «ii- ":.QK'j ljxc'j::!, [jjj['-:;( [i 6[6 j. x['R[-.:ss '"~'A[&ii. x.'.-."j'7 PLAINTIFF(S) NAMES PROPERTY ADDRESS Jessie D Bencito 1214 Pinehurst Drive Gabriela Bencito Calimesa, CA Steve Cadena 228 Colonial Drive Lori Cadena Calimesa, CA 92320 1281 Riviera Drive Pete M. Cloud Calimesa, CA 92320 Mark Correa 71 Country Club Drive Deana Correa Calimesa, CA 92320 1229 Pinehurst Drive Richard Dering Calimesa, CA 92320 Eric Eliazo 6826 Riverglen Court 10 Mary Anne Elazio Eastvale, CA 92880 Sergio Gamica 4895 Graphite Creek Road Arlene Garnica Jurupa Valley, CA 91752 12 12948 Meridian Court 13 Karla Johnson Eastvale, CA 92880 Tami Kunze 1322 Pinehurst Drive Francisco J. Delgado Calimesa, CA 92320 15 Steven Li 14308 Ballad Drive Tamara Li Eastvale, CA 92880 16 17 Martin Mercado 11382 Camino Miramontes Celia Mercado Jurupa Valley, CA 91752 18 Mario Montes Jr. 1258 Augusta Court 19 Adrienne Montes Calimesa, CA 92320 Guy H. Oglesby III 1208 Pinehurst Drive 20 Cherie Oglesby Calimesa, CA 92320 21 6983 Still Brook Way Kalpitkumar Parikh Eastvale, CA 92880 22 Timothy Philips 208 Colonial Drive 23 Kristy Philips Calimesa, CA 92320 6815 Riverglen Court Re inald Rainey Eastvale, CA 92880 25 50 Laurel Court 26 Britany Riggs Calimesa, CA 92320 13361 Cadenza Drive 27 Araceli Soto Eastvale, CA 92880 28 6O~!PiA ii j''Oj'; j)A;;jAOj-;» ROR !,Vjjjj,rjsn'~i Oj'!ij;jj,jj!NO Rj'i'O!"''j'fj 8'i ANj:.NR!78 AS j&; «;"Aj !!ORAL!A( iviif Oj7j. ':,:::-~. tojj Oi- COR Bjjj.'. ".. jRAC1: BPf j'..Cjf OR f .":. Xj'R j-SS ";.':j! !jAN'j'V Ramesh Babu Srikakollu 14879 Murwood Lane Venkata Sunitha Srikakollu Eastvale, CA 92280 7038 Starry Night Court Weiyu Tseng Corona, CA 92880 2. For convenience, the real property of the PLAINTIFFS is legally described as including but not limited to homes in Tract No. 34014, Assessor Parcel Map Book No. 440, pgs. 37-45, Tract No. 7 3 1 492, Assessor Parcel Map Book No. 43 5, pgs. 84-8 8, Tract No. 3249 1, Assessor Parcel Map Book No. 432, pgs. 71-84, Tract No. 36423, Assessor Parcel Map Book No. 440, pgs. 59-69, Track No. 31644, 9 Assessor Parcel Map Book 444, pages 58-66, Tract No. 30386-2, Assessor Parcel Map Book No. 4 1 9, 1p pgs. 59-69, in the Assessor' Office of the County of Riverside, State of California ("SUB JECT PROJECT ) 12 3. PLAINTIFFS are informed and believe, and based thereon allege, that at all times herein 3 mentioned: a. DEFENDANT, D.R. HORTON LOS ANGELES HOLDING COMPANY, INC., a California Corporation, is doing business in California in accordance with the laws of the State of California, and has conducted business within the County of Riverside, State of California, including but 7 not 1 imited to development, construction, improvement, conversion and/or s al e of the SUB JECT PROJECT and/or SUB JECT PROPERTIES. b. DEFENDANT DOES 1 through 500, inclusive, are fictitious names of 2p DEFENDANTS whose true names and capacities are, at this time, unknown to PLAINTIFFS and are 21 unknown business entities doing business in California in accordance with the laws of the State of California, and has conducted business within the County of Riverside, State of California, including but 3 not 1 imited to devel op ment, construction, improvement, conversion and/or s al e of the SUB J ECT PROJECT and/or SUB JECT PROPERTIES. 25 4. Plaintiffs do not know the true names and capacities of defendants sued herein as DOES 1 through 500, and therefore sue these defendants by such hctitious names. Plaintiffs are informed and 7 believe, and thereon allege, that each of these fictitiously named defendants are responsible in some manner for the defective and negligent engineering, architecture, construction, supply of improper o'~1pLAI'~r Fc! p u.'-.!! Ao!;:5 Fo !&.::. '*. ~!! lpga c! v 8 L'f!..oINo vB::: a. i oB ui f':;: o'A I. Irr! R K (, r I'~ 1r ( sp,ikox Rns:;5 si:."i on!".':;-:~,".~: '. I&kl;.'K~ H ~.6 (.0,". II:,;i I: Hi!!.'~('ti& o& .;. " ''~!~ ~& 4'&.&'!''i-~4 I 'r materials, and inspection of the SUBJECT PROPERTIES, or in some other actionable manner were an integral part of the chain of development, construction and marketing of the SUBJECT PROPERTIES, and that Plaintiffs damages as herein alleged were proximately caused by their conduct. Plaintiffs will seek leave to amend this Complaint when the true names and capacities of such defendants are ascertained. Defendants D.R. HORTON LOS ANGELES HOLDING COMPANY, INC., and DOES 1- 100, are collectively herein referred to as "DEVELOPER DEFENDANTS"). DOES 101-500, are collectively referred to as "SUBCONTRACTOR DEFENDANTS". Collectively they are all referred to as "DEFENDANTS". 5. PLAINTIFFS are informed and believe, and based thereon allege, that at all relevant 10 times, DEFENDANTS, including DOES 1 through 500 inclusive, and each of them, were either as individuals, sole proprietorships, corporations, partnerships, business entities and/or organizations who 12 conducted business in the County of Riverside and/or participated in the development, construction 13 and/or sale of the real property and construction as set forth in more particular detail hereinafter. DEFENDANTS had and have an alter ego relationship such that inequitable results will follow if the 15 separateness is respected and the DEFENDANTS have a unity of interest in the liability and damages 16 alleged herein. 17 6. PLAINTIFFS are informed and believe, and based thereon allege, that at all relevant 18 times DEFENDANTS, were business entities, municipalities, as individuals, or otherwise involved in 19 the sale, distribution, construction, development, purchase, or promotion of homes purchased by 20 PLAINTIFFS herein, or were involved with those entities, municipalities, as individuals, or otherwise 21 involved in the sale, distribution, construction, development, purchase, or promotion of homes 22 purchased by PLAINTIFFS, herein as a partner, joint venturer, co-developer, employee, employer, 23 contractor, sub-contractor, promoter, loaning institution, inspector, guarantor, solicitor, retailer, distributor, marketer, agent, principal, materialmen, architects and/or engineers, or other persons, 25 entities or professionals who participated in the process of design, engineering, and/or construction of 26 the subject structures on the SUBJECT PROPERTY, and who performed works of labor, supplied 27 materials, equipment and/or services necessary for the building and construction, including supervision 28 of construction of the subject buildings with the knowledge that the buildings would be sold to and used CO~! Rf (I''~r IX'I AO!:8 I:OR::. f ('&I! V!Of.. '. i iON ( f8 BL i! f::I'i(f A(! f (t! 8 I.-"; ( 1 m~ 9 'RnS::(8 6! T FOf» I u IN ( «onR IV I!.. 8''!:~: .-. ,'. 8RI-;."~CH (&I I-XI'RI.:5 ":,RR:X.' (.(&',. I I(V.. I; ."'. V)RI;,(.Ii ()I 7 by members of the public, including PLAINTIFFS herein, or in some other legal manner responsible for the actions of the other DEFENDANTS herein. 7. PLAINTIFFS are informed and believe and thereon allege that DEVELOPER DEFENDANTS, and each of them, did inspect and market said individual residential units with full knowledge of the causes and effects of defects in their construction of the SUBJECT PROPERTIES, the deficiencies in design, installation and supervision thereof and, in willful and reckless disregard of the defective conditions, causes and results. In particular, PLAINTIFFS are informed and believe and thereon allege that DEVELOPER DEFENDANTS, and each of them, in their inspection, design, installation and supervision of said homes, engaged in a calculated course of conduct to reduce their 10 costs of development by the use of substandard, deficient and inadequate design, construction techniques and materials. 12 8. PLAINTIFFS are informed and believe and thereon allege DEVELOPER 13 DEFENDANTS, and each of them, ignored curing the causes of the defects and pursued a course of construction so as to increase their profit from the project at the expense of the ultimate purchaser in 15 that said defects became latent defects, not apparent from casual inspection, but would only become 16 apparent as time passed. 17 9. PLAINTIFFS are informed and believe and based thereon allege that any and all repair 18 attempts by DEVELOPER DEFENDANTS, and each of them, failed to adequately correct said property 19 damages and deficiencies thereby resulting in further property damages. 20 10. PLAINTIFFS are informed and believe and thereupon allege that instead of causing the 21 necessary and required reconstruction of SUBJECT PROPERTIES, DEVELOPER DEFENDANTS 22 have caused cosmetic, temporary or ineffective repairs to be made to various portions of subject property 23 for the purpose of leading PLAINTIFFS to believe that DEVELOPER DEFENDANTS were resolving and correcting all deficiencies. 25 11. PLAINTIFFS are informed and believe and thereupon allege that the above-described 26 defects arose out of, were attributable to, and are directly and proximately caused by the above-described 27 deficiency in the design, specification, planning, supervision, observation of construction, construction, 28 development and/or improvement and any repairs of the SUBJECT PROPERTIES, and that prior to the «0:,lf'f.:~f4 f fu DA."fAV!~ lO1&:::. 'ul..:~ ff~ f Boff Df:".0 83A~D'.Rf~~:~.. 4f"f iO':; Of l fN (',~f ffO8",f-'; CfVl! f Of: f C'OBf: R!~ fV i ~.: l: .:. 8f'E ~(:!-f Ol-" f3fXPR f.-:SS '.V '. 8P f-::@of I Or COB .f: f!..N."'f'V time when it was discovered by PLAINTIFFS as set forth herein, could not have been discovered by the exercise of reasonable diligence. 12. PLAINTIFFS are informed and believe and thereon allege that there is a meritorious factual basis for each cause of action herein alleged, based upon PLAINTIFFS'eview, consultation, and inspections by and with consultants prior to the filing and service of the original complaint. FIRST CAUSE OF ACTION (Violation of Building Standards as Set Forth in California Civil Code f896 against DEFENDANTS) 13. PLAINTIFFS reallege and incorporate by reference Paragraphs 1 through 12 as though 10 fully set forth again herein. 14. PLAINTIFFS, and each of them, purchased the SUBJECT PROJECT and/or SUBJECT 12 PROPERTIES on or after January 1, 2003. 13 15. DEFENDANTS failed to comply with material provisions of California Civil Code Section 900 et seq. As such, Plaintiffs properly bring their action pursuant to California Civil Code 15 Sections 912(i), 915, 920, and 930. 16 16. DEFENDANTS, and each of them, at all times herein mentioned were in the business of 17 developing and mass producing and/or distributing homes in and, within Riverside County, State of 18 California, and selling them to members of the public at large. 19 17. At all times herein mentioned, and material hereto, DEFENDANTS knew and intended 20 that the SUBJECT PROJECT and/or SUBJECT PROPERTIES would be purchased by members of the 21 public at large, and used by them without further inspection for defects. 22 18. PLAINTIFFS purchased the SUBJECT PROJECT, and/or SUBJECT PROPERTIES, 23 from said DEFENDANTS and moved into it with their families. 19. At the time of the purchase by PLAINTIFFS, the SUBJECT PROJECT and/or SUBJECT 25 PROPERTIES was defective and unfit for its intended purposes because DEFENDANTS did not 26 construct the SUBJECT PROJECT and/or SUBJECT PROPERTIES in a workmanlike manner as 27 manifested by, but not limited to, numerous defects which have resulted in damage to the homes and 28 their component parts. The defects include, without limitation and to various degrees on the oo.''i Ri .» i:!r 8!»R »»oas FoR:::. vk»i. o»»i»i iiL7[ ui:.'o 8!,» i»'o»Rns»s si 1 FOR'rFi i '! '»»0 Ho»!! i'i '»1 i»3'» 6»F »oivii.cons: i-"':.;: dRF'(H&&F»'i:"iR. ~ ' ili&- Oi i &.R8"'» "»»&!»Nit PLAINTIFFS'espective residences, the following violations of California Civil Code Section 896 et seq.: (a) With res ect to water issues: (I) Exterior doors at the SUBJECT PROJECT and/or SUBJECT PROPERTIES allow unintended water to pass beyond, around, or through the door or its designed or actual moisture barriers, causing damage to walls, window/door coverings, flooring and other building components. (2) Windows, patio doors, deck doors, and their systems at the SUBJECT PROJECT and/or SUBJECT PROPERTIES allow water to pass beyond, around, or through the 10 window, patio door, or deck door or its designed or actual moisture barriers, including, without limitation, internal barriers within the systems themselves, causing damage to 12 walls, window/door coverings, flooring and other building components. 13 (3) Windows, patio doors, deck doors, and their systems at the SUBJECT PROJECT and/or SUBJECT PROPERTIES allow excessive condensation to enter the structure, 15 causing damage to walls, window/door coverings, flooring and other building 16 components. (4) Roofs, roofing systems, chimney caps, and ventilation components at the SUBJECT PROJECT and/or SUBJECT PROPERTIES allow water to enter the structure or to pass beyond, around, or through the designed or actual moisture barriers, including, without 20 limitation, internal barriers located within the systems themselves, causing damage to 21 ceilings, walls, window/door coverings, flooring and other building components. 22 (5) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems at 23 the SUBJECT PROJECT and/or SUBJECT PROPERTIES allow water to pass into the adjacent structure. 25 (6) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems at 26 the SUBJECT PROJECT and/or SUBJECT PROPERTIES allow unintended water to 27 pass within the systems themselves and cause damage to the walls, window/door 28 coverings, flooring and other building components. .~!A(fis FOR:::. vi O:.lPL:-;f,":'f'foR D .l .: loN (iF 8( fcnK(f ~'l ': i:."l 1":=,'f:.:."~Rl'fs::4:-. (!vfL(of78:: "ALff (ff'Nf.-'. FOR i ll f~ '',:.: '.. '(f'» f'RV..'': 8 V 8:.('l l Ol' ( i-'fxf'R f .l. f! Rf'::"' fi SR '.V.:. f(R '~~'T 1 (7) Foundation systems and slabs at the SUBJECT PROJECT and/or SUBJECT PROPERTIES allow water or vapor to enter into the structure, causing damage to walls, window/door coverings, flooring and other building components. (8) Foundation systems and slabs at the SUBJECT PROJECT and/or SUBJECT PROPERTIES allow water or vapor to enter into the structure so as to limit the installation of the type of flooring materials typically used for the particular application, and causing damage to flooring and other building components. (9) Hardscape, including paths and patios, irrigation systems, landscaping systems, and drainage systems, that are installed as part of the original construction of the SUBJECT 10 PROJECT and/or SUBJECT PROPERTIES, are installed in such a way as to cause water or soil erosion to enter into or come in contact with the structure, causing damage to stucco, concrete foundations, siding material and other building components. 13 (10) Stucco, exterior siding, exterior walls, including, without limitation, exterior framing, and other exterior wall finishes and fixtures and the systems of those components and fixtures, including, but not limited to, pot shelves, horizontal surfaces, 16 columns, and plant-ons, at the SUBJECT PROJECT and/or SUBJECT PROPERTIES 17 allow unintended water to pass into the structure or to pass beyond, around, or through 18 the designed or actual moisture barriers of the system, including any internal barriers 19 located within the system itself, causing damage to walls, window/door coverings, 20 flooring and other building components. 21 (11) Stucco, exterior siding, and exterior walls at the SUBJECT PROJECT and/or 22 SUBJECT PROPERTIES allow excessive condensation to enter the structure, causing 23 damage to walls, window/door coverings, flooring and other building components. (12) Retaining and site walls and their associated drainage systems at the SUBJECT PROJECT and/or SUBJECT PROPERTIES allow unintended water to pass beyond, 26 around, or through its designed or actual moisture barriers including, without limitation, 27 any internal barriers, causing damage to landscaping and other components. 28 (13) Retaining walls and site walls, and their associated drainage systems, at the jo!jj" .~!ij' j:; j'sj')g;..j&~j(9R: vjoj jog hajj'jj:j t.:1j'~o Q'j'&'j0'&Rnw;gs sL j''oj&'j'j j j4 6'' 5 j ji'o j! 4'j.'jv jj *'&7 jone-'i''!~ , oj' xj"ij'.:8 " ':jiR.::~"rh' jjjij-:Acjj oj- &.ox'j'j-'.;v.."ij::j. jjj&j,".hc'j j. SUBJECT PROJECT and/or SUBJECT PROPERTIES allow water to flow beyond, around, or through the areas designated by design, causing damage to landscaping and other components. (14) The lines and components of the plumbing system, sewer system, and utility systems at the SUBJECT PROJECT and/or SUBJECT PROPERTIES leak, causing damage to ceilings, walls, flooring and other building components. (15) Plumbing lines, sewer lines, and utility lines at the SUBJECT PROJECT and/or SUBJECT PROPERTIES are corroded so as to impede the useful life of the systems. (16) Sewer systems at the SUBJECT PROJECT and/or SUBJECT PROPERTIES do not 10 allow the designated amount of sewage to flow through the system, causing damage to ceilings, wall, flooring and other building components. 12 (17) Shower and bath enclosures at the SUBJECT PROJECT and/or SUBJECT 13 PROPERTIES leak water into the interior of walls, flooring systems, or the interior of other components, causing damage to framing materials, walls, ceilings, flooring and 15 other building components. 16 (18) Ceramic tile and tile countertops at the SUBJECT PROJECT and/or SUBJECT 17 PROPERTIES allow water into the interior of walls, flooring systems, or other 18 components, causing damage to framing materials, walls, ceilings, flooring and other building components. 20 (b) With res ect to structural issues: 21 (1) Foundations, load bearing components, and slabs at the SUB JECT PROJECT and/or 22 SUBJECT PROPERTIES contain significant cracks or significant vertical displacement, 23 causing damage to walls, flooring and other building components. (2) Foundations, load bearing components, and slabs at the SUBJECT PROJECT and/or 25 SUBJECT PROPERTIES cause the structure, in whole or in part, to be structurally 26 unsafe. 27 (3) Foundations, load bearing components, slabs, and underlying soils at the SUBJECT 28 PROJECT and/or SUBJECT PROPERTIES are not constructed so as to materially ',:0:II'I.-"';I ''I'FOR D iVI'(G! 8 FOR. i( I~ ~",I II (II I. VIOI.. 1I ION!0F FII.,II Ii(':.:O ST%::- OARI08:(8 SF'( FOR I I'I ~I-'- ( (OliF:-:i,':.i. I'jI,"I-'('I I i iI-';(I!:, I'I,'i( "i'.*. II OF ('-«I'„':.,'FSS 'Ai;I(I( *«'6'I'j I'-;RF.',( comply with the design criteria set by applicable govermnent building codes, regulations, and ordinances for chemical deterioration or corrosion resistance in effect at the time of original construction. (4) The SUBJECT PROJECT and/or SUBJECT PROPERTIES is not constructed so as to materially comply with the design criteria for earthquake and wind load resistance, as set forth in the applicable government building codes, regulations, and ordinances in effect at the time of original construction. (c) With res ect to soil issues: (I) Soils and engineered retaining walls at the SUBJECT PROJECT and/or SUBJECT 10 PROPERTIES cause, in whole or in part, damage to the structure built upon the soil or engineered retaining wall. 12 (2) Soils and engineered retaining walls at the SUBJECT PROJECT and/or SUBJECT 13 PROPERTIES cause, in whole or in part, the structure to be structurally unsafe. (3) Soils at the SUBJECT PROJECT and/or SUBJECT PROPERTIES cause, in whole 15 or in part, the land upon which no structure is built to become unusable for the purpose represented at the time of original sale by the builder or for the purpose for which that 17 land is commonly used. (d) With res ect to fire rotection issues: 19 (I) The SUBJECT PROJECT and/or SUBJECT PROPERTIES is not constructed so as 20 to materially comply with the design criteria of the applicable government building 21 codes, regulations, and ordinances for fire protection of the occupants in effect at the time 22 of the original construction. 23 (2) Fireplaces, chimneys, chimney structures, and chimney termination caps at the SUBJECT PROJECT and/or SUBJECT PROPERTIES are constructed and installed in 25 such a way so as to cause an unreasonable risk of fire outside the fireplace enclosure or chimney. 27 (3) Electrical and mechanical systems at the SUBJECT PROJECT and/or SUBJECT 28 PROPERTIES are constructed and installed in such a way so as to cause an unreasonable i '''~T I 0 P l)A!'I;GI V vII'i. 8 I'!)R: vs)I I . II0'ii r)INo 8'I'4 "I)'! RI)s .'18 sET I'i! I&'I'H &'I'Io& oi" "ai iI oaNI:"', I'I IvII i: 0 or)E:::i"".:). I'-'iA I i'i'- CO'" P' i ' '-'"'I'&"'~'P: 'I-'-'&~V'iI ~8 " 5k -11- risk of fire. (e) With res ect to lumbin and sewer issues: Plumbing and sewer systems at the SUB JECT PROJECT and/or SUB JECT PROPERTIES are not installed to operate properly and materially impair the use of the structure by its inhabitants. (f) With res ect to electrical s stem issues: Electrical systems at the SUBJECT PROJECT and/or SUBJECT PROPERTIES do not operate properly and materially impair the use of the structure by its inhabitants. (g) With res ect to issues re ardin other areas of construction: 10 (1) Exterior pathways, driveways, hardscape, sidewalls, sidewalks, and patios installed by the original builder at the SUBJECT PROJECT and/or SUBJECT PROPERTIES 12 contain cracks that display significant vertical displacement or that are excessive. 13 (2) Stucco, exterior siding, and other exterior wall finishes and fixtures, including, but 14 not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, at the SUBJECT 15 PROJECT and/or SUBJECT PROPERTIES contain significant cracks or separations, causing damage to walls, flooring and other building components. 17 (3) The manufactured products (product that is completely manufactured offsite), 18 including, but not limited to, windows, doors, roofs, solar power systems, plumbing 19 products and fixtures, fireplaces, electrical fixtures, HVAC units, countertops, cabinets, 20 paint, and appliances at the SUBJECT PROJECT and/or SUBJECT PROPERTIES are 21 installed so as to interfere with the products'seful life. 22 (4) The heating system, at the SUBJECT PROJECT and/or SUBJECT PROPERTIES, is 23 incapable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet above the floor. 25 (5) Living space air-conditioning, at the SUBJECT PROJECT and/or SUBJECT 26 PROPERTIES, is provided in a manner inconsistent with the size and efficiency design 27 criteria specified in Title 24 of the California Code of Regulations or its successor. 28 (6) Irrigation systems and drainage at the SUBJECT PROJECT and/or SUBJECT ~ t;: I oii. A I'~ T I'oi," nA'DIAG 6! )',& P ! . 9 I(9I A i lo~ oi 5