INCO DEVELOPMENT CORP. v. Superior Court

Opinion

WARD, J. —

Under the circumstances of this case we hold that the tolling provision contained in Code of Civil Procedure section 356 1 does not apply to extend the 10-year period set forth in section 337.15 within which plaintiffs can file actions based on latent construction defects. As a result we find that certain of the consolidated actions are time-barred so that the trial court was required to grant the summary judgment motion brought on that basis by defendants Inco Development Corporation and Inco Homes Corporation (Inca). We, therefore, grant Inco’s petition for writ of mandate…