Court Of Appeal Finds That A Tolling Agreement Between An HOA And Developer Tolls The Applicable Statute Of Limitations Even As To A Non-Party Subcontractor.
Landale-Cameron Court, Inc. v. Ahonen (Oct. 10, 2007, B190309 [2nd Dist., Div. 2]), ___ Cal. App. 4th ____; http://www.courtinfo.ca.gov/cgi-bin/opinions
By Thomas B. Snyder and Andriana Ledesma
In Landale?Cameron, the homeowner's association of a condominium complex ("HOA"), discovered various water leaks to the building and subsequently sued the builder-developers Arnold and Helen Kaufman ("Kaufman") and Petri Ahonen dba Riteway Decking and Flooring ("Riteway") for negligence and contract causes of action. Riteway moved for summary judgment on the grounds that the complaint was barred because it was filed after the expiration of the three-year statute of limitations for actions involving injury to real property under California Code of Civil Procedure Section 338.
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Arntz Builders v. Superior Court (County of Contra Costa) 122 Cal. App. 4th 1195 (1st Dist. Sep. 30, 2004)
Provision in construction contract between Arntz and County purportedly waiving the change of venue provisions of Code of Civil Procedure Section 394 (providing that any party may move for a change of venue where a county brings an action within that county against a resident of another county) is void because a party "may not waive the benefits of a statute enacted primarily for a public purpose." The public purpose underlying Section 394 "is to guard against local prejudices which sometimes exist in favor of litigants within a county as against those from without."
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