HEARING ON DEMURRER TO COMPLAINT
FILED BY SHAPELL INDUSTRIES, INC., et al.
* TENTATIVE RULING: *
This is a construction defect lawsuit brought by the homeowners’ association of a common interest development. Before the Court is a demurrer (the “Demurrer”) filed by Defendant Shapell Industries, Inc. (“Defendant” or “Shapell”) and Defendant Toll Brothers, Inc. (“Defendant” or “Toll Brothers”) (collectively, “Defendants”). The Demurrer relates to Plaintiff Abbington Owners’ Association (“Plaintiff” or “Abbington”)’s Complaint for (1) Violation of Civil Code Section 895, et. seq.; (2) Violations and Enforcement of Governing Documents; (3) Breach of Fiduciary Duty; (4) Breach of Construction Contracts; (5) Strict Liability; (6) Negligence; and (7) Breach of Implied Warranty. Defendants demur to the fourth, sixth, and seventh causes of action.
For the following reasons, the Demurrer is sustained, with leave to amend. Request for Judicial Notice
Plaintiff filed a request to judicially no
Hearing Date
July 25, 2019
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HEARING ON DEMURRER TO COMPLAINT
FILED BY SHAPELL INDUSTRIES, INC., et al.
* TENTATIVE RULING: *
This is a construction defect lawsuit brought by the homeowners’ association of a common interest development. Before the Court is a demurrer (the “Demurrer”) filed by Defendant Shapell Industries, Inc. (“Defendant” or “Shapell”) and Defendant Toll Brothers, Inc. (“Defendant” or “Toll Brothers”) (collectively, “Defendants”). The Demurrer relates to Plaintiff Abbington Owners’ Association (“Plaintiff” or “Abbington”)’s Complaint for (1) Violation of Civil Code Section 895, et. seq.; (2) Violations and Enforcement of Governing Documents; (3) Breach of Fiduciary Duty; (4) Breach of Construction Contracts; (5) Strict Liability; (6) Negligence; and (7) Breach of Implied Warranty. Defendants demur to the fourth, sixth, and seventh causes of action.
For the following reasons, the Demurrer is sustained, with leave to amend. Request for Judicial Notice
Plaintiff filed a request to judicially no