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Civil Litigation

May 28, 2014

Right to Repair Act is spawning inconsistent rulings

Did the Legislature intend to provide a right of action under the Right to Repair Act for classes?

Joshua H. Haffner

Attorney
Haffner Law PC

Phone: (213) 514-5681

Email: jhh@haffnerlawyers.com

UC Hastings COL; San Francisco CA

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Terry R. Bailey

Partner
Abir Cohen Treyzon Salo LLP

Phone: (888) 202-5246

Email: tbailey@actslaw.com

UC Davis SOL King Hall; Davis CA

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By Joshua H. Haffner and Terry R. Bailey


Class actions based on the incorporation of defective components into new housing are encountering unforeseen obstacles under California's Right to Repair Act. The act, codified at Code of Civil Procedure Section 895 et seq. and also referred to as "SB 800," requires plaintiffs to comply with certain prelitigation procedures. Importantly, however, the Legislature exempted certain class actions from the proced...

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