Aas v. Superior Court of San Diego Cty.

Opinion

WERDEGAR, J.

In this case we are asked to decide whether homeowners and a homeowners association may recover damages in negligence from the developer, contractor and subcontractors who built their dwellings for construction defects that have not caused property damage. Plaintiffs would find an affirmative answer in the tort of “negligent interference with prospective economic advantage” described in J’Aire Corp. v. Gregory (1979) 24 Cal.3d 799, 804-805 [157 Cal.Rptr. 407, 598 P.2d 60]. Applying settled law limiting the recovery of economic losses in tort actions (Seely v. White Motor…