(DOWNLOAD) "Howard Jarvis Taxpayers Association v. City of Roseville" by In the Court of Appeal of the State of California Third Appellate District (Placer) * Book PDF Kindle ePub Free
eBook details
- Title: Howard Jarvis Taxpayers Association v. City of Roseville
- Author : In the Court of Appeal of the State of California Third Appellate District (Placer)
- Release Date : January 10, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
Plaintiff Windham at Carmel Mountain Ranch Association, a California nonprofit mutual benefit corporation (Association), filed this petition for writ of mandate challenging the trial courts order sustaining without leave to amend the demurrer of defendants The Presley Companies, Presley Homes, Presley CMR, Inc., William Lyon Homes, Inc., Carmel Mountain Ranch; Home Capital Corporation, and Humboldt Financial Services Corporation (collectively Presley) to Associations breach of implied warranty cause of action alleged in its construction defect action against them. Association contends the trial court erred by concluding Association did not have the requisite privity of contract with Presley to state a cause of action for breach of implied warranty. Because Code of Civil Procedure section 383 provides Association with the requisite privity, we conclude the trial court erred and grant the petition.
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