Air Wing LLC vs. One Piper Ranch LLC [E-FILE]

Case No.: 37-2014-00009315-CU-CD-CTL    

The court addresses the evidentiary issues. Defendant Bruce McDonald's request for judicial notice is granted.

The court then rules as follows. Defendant Bruce McDonald's motion for summary judgment is denied.

The operative Second Amended Complaint alleges four causes of action against McDonald for Strict Liability, Negligence, Breach of Contract and Breach of Implied Warranties. McDonald brings this motion arguing that all of Plaintiffs' causes of action against McDonald are barred by the CCP § 337.15 10-year statute of repose.

Pursuant to CCP § 337.15 [Ten years; developer, contractor, architect, etc. of real property; latent deficiency in design, supervision, etc.; injury to property]

(a) No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construc........