2013-00151327-CU-CD

Bobby Turney vs. Lennar Renaissance, Inc.

Nature of Proceeding: Hearing on Demurrer

Filed By: Ligozio, Carrie A.

Defendant Lennar Renaissance, Inc.’s Demurrer to the First Amended Complaint is
sustained/overruled as follows:

This is a construction defect action concerning 24 homes located in Antelope, CA.
Defendant contends that plaintiffs have failed to allege which homes are subject to
Civil Code 895 et. seq. (SB 800).

Defendant’s Request for Judicial Notice is granted.

Defendant contends that all causes of action fail to identify which plaintiffs are bringing
the claim. The caption of the causes of action define whether it is brought by plaintiffs
covered or not covered by SB 800 but it does not identify who the plaintiffs are.
Defendant contends that the plaintiffs who are bound by SB 800 are precluded from
bringing the 4th, 5th, 7th and 8th causes of action. Defendants also contend that the
5th and 7th causes of action fail to allege the terms of the contracts.

1st cause of action Strict Products Liability and 2nd cause of action Strict Products
Liability (Component Parts): Sustained with leave to amend for uncertainty. Plaintiffs
state in the opposition that all plaintiffs in this action are subject to SB 800. Therefore,
the caption under the heading that states it applies only to plaintiffs who are not bound
by SB 800 is incorrect and should be amended. However, SB 800 does not abrogate
plaintiffs’ common law claims [“the Act does not provide the exclusive remedy in cases
where actual damage has occurred because of construction defects.”]. Liberty Mutual
Insurance Co. v Brookfield Crystal Cove LLC (2013) 219 Cal.App.4th 98, 109; Burch v
Superior Court (2014) 223 Cal.App.4th 1411.

3rd cause of action Violation of Building Standards Civil Code 896: Overruled. This
cause of action is specifically alleged by all plaintiffs subject to this section. Therefore
the demurrer for uncertainty and “failure to allege which plaintiffs” bringing this claim is
overruled.

4th cause of action Breach of Implied Warranty: Overruled. Defendant contends SB
800 provides the exclusive remedy. However, SB 800 does not abrogate plaintiffs’
common law claims where actual property damage has occurred because of the
construction defects. Liberty Mutual Insurance Co. v Brookfield Crystal Cove LLC
(2013) 219 Cal.App.4th 98; Burch v Superior Court (2014) 223 Cal.App.4th 1411.

5th cause of action Breach of Contract and 7th cause of action Breach of Express

Warranty: Sustained with leave to amend for failure to state facts sufficient to
constitute a cause of action. The terms of these written agreements are not alleged in
haec verba nor are the contracts attached to the FAC.

However, SB 800 does not abrogate plaintiffs’ common law claims where actual
property damage has occurred.. Liberty Mutual Insurance Co. v Brookfield Crystal
Cove LLC (2013) 219 Cal.App.4th 98; Burch v Superior Court (2014) 223 Cal.App.4th
1411.

6th cause of action Negligence: Sustained with leave to amend for uncertainty.
Plaintiffs state in the opposition that all plaintiffs in this action are subject to SB 800.
Therefore, the caption under the heading that states it applies only to plaintiffs who are
not bound by SB 800 is incorrect.

8th cause of action Violation of Statute/Negligence Per Se: Overruled.

Plaintiffs may file and serve a Second Amended Complaint on or before May 5, 2014.
Response to be filed within 15 days of service of the second amended complaint, 20
days if served by mail.

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.