VENTURE VS. LB/VCC

Case No.: MSC17-01441    

HEARING ON DEMURRER TO COMPLAINT of VENTURE COMMERCE

CENTER-ANTIOCH CONDOMINIUM FILED BY LUSARDI CONSTRUCTION CO.

* TENTATIVE RULING: *

Defendant Lusardi Construction Co.’s (“Lusardi”) demurrer to plaintiff’s Complaint is sustained with thirty days leave to amend.

Lusardi contends that the ten year statute of repose, set out in CCP section 337.15, bars this action. Lusardi asks the Court to take judicial notice of the fact that Notice of Completion of the Project was recorded on August 4, 2006. (That request is granted.) Plaintiff did not file this action until more than 10 years later on July 28, 2017.

CCP section 337.15(a) provides:

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 construction or construction of an impr........