BILL NUMBER: SB 310	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Calderon

                        FEBRUARY 15, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   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:

  SECTION 1.  Section 910 of the Civil Code is amended to read:
   910.  Prior to filing an action against any party alleged to have
contributed to a violation of the standards set forth in Chapter 2
(commencing with Section 896), the claimant shall initiate the
following prelitigation procedures:
   (a) The claimant or his or her legal representative shall provide
written notice via certified mail, overnight mail, or personal
delivery to the builder, in the manner prescribed in this section, of
the claimant's claim that the construction of his or her residence
violates any of the standards set forth in Chapter 2 (commencing with
Section 896).  That 
    (1)     The written  notice shall
provide the claimant's name, address, and preferred method of
contact, and shall state that the claimant alleges a violation
pursuant to this part against the builder, and shall describe the
claim in reasonable detail sufficient to determine the nature and
location, to the extent known, of the claimed violation.  In

    (2)     In  the case of a group of
homeowners or an association, the notice may identify the claimants
solely by address or other description sufficient to apprise the
builder of the locations of the subject residences. That document
shall have the same force and effect as a notice of commencement of a
legal proceeding.
   (b) The notice requirements of this section do not preclude a
homeowner from seeking redress through any applicable normal customer
service procedure as set forth in any contractual, warranty, or
other builder-generated document; and, if a homeowner seeks to do so,
that request shall not satisfy the notice requirements of this
section.