Elliott Homes, Inc. v. Superior Court of Sacramento County

Opinion

BLEASE, Acting P. J.

Real parties in interest, Kevin Hicks et al., filed an action against petitioner Elliott Homes, Inc. (Elliott), the builder of their homes, seeking damages for construction defects. Elliott moved to stay the litigation until real parties in interest complied with the prelitigation procedure set forth in what is commonly referred to as “SB 800” or Right to Repair Act (Act), Civil Code sections 895 through 945.5. (§ 930, subd. (b).) Real parties in interest opposed the motion, arguing that the prelitigation procedure did not apply because they had not alleged a…