Lantzy v. Centex Homes

*366Opinion

BAXTER, J.

Depending on the theory of recovery, a lawsuit alleging a latent defect in the construction of an improvement to real property must be brought within three or four years after the plaintiff discovers the defect, or should have done so. (See Code Civ. Proc., §§ 337, subd. 1, 338, subds. (b), (c); Regents of University of California v. Hartford Acc. & Indem. Co. (1978) 21 Cal.3d 624, 630 [147 Cal.Rptr. 486, 581 P.2d 197] (Regents).)1 However, a 1971 statute established a further general rule that no action for latent construction defects may be commenced more than 10 years…