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THE McCAFFREY GROUP, INC. v. SUPERIOR COURT

No. F066080.

224 Cal.App.4th 1330 (2014)

169 Cal. Rptr. 3d 766

THE McCAFFREY GROUP, INC., Petitioner, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; JESUS CITAL et al., Real Parties in Interest.

Court of Appeals of California, Fifth District.

March 24, 2014.

Attorney(s) appearing for the Case

Jackson, DeMarco, Tidus & Peckenpaugh, Edward A. Galloway and Paige H. Gosney for Petitioner.

No appearance for Respondent.

Milstein Adelman, Fred M. Adelman, Mayo L. Makarczyk, and Jonathan P. Staffeldt for Real Parties in Interest.

OPINION

GOMES, J. —

In this case, we are asked to determine the enforceability of provisions in home purchase contracts that require the homeowners to submit their construction defect claims to nonadversarial prelitigation procedures before proceeding with a lawsuit. Those procedures include providing the builder with notice of the claimed defect, giving the builder the right to inspect...

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