Equitable Tolling Reinstates Tenants' Negligence Claims Against Condo Builders
February 25, 2004
LOS ANGELES - A California appellate court has reinstated condo owners' negligence claims against the units' builder, citing a recent state supreme court ruling applying equitable tolling to latent defect cases. Chateau Monterey Homeowners Association v. CJL Construction Inc., No. B157870 (Calif. 2nd App., Div. 4).
In an unpublished opinion on Feb. 4, California's Second District Court of Appeal reversed judgment for CJL Construction Co., despite the Chateau Monterey Homeowners Association's failure to bring claims against CJL within the statutory 10-year limit.
The court applied the California Supreme Court's recent holding in Lantzy v. Centex Homes ([2003] 31 Cal.4th …
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