Standard Pacific Corporation v. Superior Court (Garlow) (Torts)
Filed August 14, 2009
Cite as 2009 SOS 4962

Homeowners Have Burden of Proof

Several homeowners who were real parties in interest filed a case against Standard Pacific Corporation (Standard Pacific). The case was based on problems involving the construction of homes located within a development undertaken by it.

The complaint, however, failed to allege that the homeowners had complied with the Fix-it law by giving Standard Pacific an opportunity to repair the construction defects.

Standard Pacific filed a motion to stay the proceedings. It alleged that the homeowners had not complied with Section 910 of the Fix-it law setting out “prelitigation procedures”.

As a response, the homeowners argued that since Standard Pacific had not complied Section 912 they did not have not to follow the procedures. Section 912 provided for certain requirements for builders regarding documentation and information to be furnished to homeowners.

The trial court, in denying the motion of Standard Pacific, adopted the position of the homeowners and awarded sanctions of $1,000.

The California Court of Appeal reversed the decision and directed the Superior Court of San Bernardino County to vacate its order denying Standard Pacific’s motion to stay proceedings.

The appeal court ruled that homeowners who fail to follow statutory procedures before filing construction defect suit has the burden of proof. They have to establish the fact that they have been released from their obligation to comply with prelitigation procedures due to Standard Pacific’s failure to comply with statutory requirements for builders with respect to documentation and information to be provided to them.