Senate BillNo. 310

Introduced by Senator Calderon

February 15, 2013

An act to amend Section 910 of the Civil Code, relating to litigation.


SB 310, as introduced, Calderon. Prelitigation procedures: construction claims.

Existing law requires a claimant to file a written notice, as specified, with the party alleged to have contributed to a construction defect before initiating litigation against the party for construction defect claims regarding the claimant’s residence.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1


Section 910 of the Civil Code is amended to read:



Prior to filing an action against any party alleged to have
3contributed to a violation of the standards set forth in Chapter 2
4(commencing with Section 896), the claimant shall initiate the
5following prelitigation procedures:

6(a) The claimant or his or her legal representative shall provide
7written notice via certified mail, overnight mail, or personal
8delivery to the builder, in the manner prescribed in this section, of
9the claimant’s claim that the construction of his or her residence
10violates any of the standards set forth in Chapter 2 (commencing
11with Section 896).begin delete Thatend delete

P2    1begin insert(1)end insertbegin insertend insertbegin insertThe writtenend insert notice shall provide the claimant’s name,
2 address, and preferred method of contact, and shall state that the
3claimant alleges a violation pursuant to this part against the builder,
4and shall describe the claim in reasonable detail sufficient to
5determine the nature and location, to the extent known, of the
6claimed violation.begin delete Inend delete

7begin insert(2)end insertbegin insertend insertbegin insertInend insert the case of a group of homeowners or an association, the
8notice may identify the claimants solely by address or other
9description sufficient to apprise the builder of the locations of the
10subject residences. That document shall have the same force and
11effect as a notice of commencement of a legal proceeding.

12(b) The notice requirements of this section do not preclude a
13homeowner from seeking redress through any applicable normal
14customer service procedure as set forth in any contractual,
15warranty, or other builder-generated document; and, if a
16homeowner seeks to do so, that request shall not satisfy the notice
17requirements of this section.