Allstate Ins. Co. as Subrogee vs. Taylor Morrison Services, Inc.

Case No.: 56-2010-00371551-CL-IC-VTA    

"Civil Code section 895 et seq. establishes procedures and requirements with respect to construction defect cases involving homes and homeowners.... Section 910 sets out "prelitigation procedures" to be followed by plaintiffs before suit can be filed, procedures that can be summarized as "notice and opportunity to repair." Standard Pacific Corp. v. Superior Court (2010) 176 Cal. App. 4th 828, 830.

"[I]f a homeowner files suit without having followed the prelitigation procedures, it is incumbent upon the homeowner to factually establish that he has been "released" from this obligation due to the builder's failure to comply with section 912." Standard Pacific Corp. v. Superior Court, supra, 176 Cal. App. 4th at 834.

P asserts subrogation rights as homeowners insurer on an alleged latent defect in the construction of a home.

D submits a certified 8/19/03 grant deed, of which this Court takes judicial notice. D demurs under Civil Code § 943(a........