SMITH v. SUPERIOR COURT

Docket No. D011000.

217 Cal.App.3d 950 (1990)

266 Cal. Rptr. 253

DON SMITH, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; BONITA PARK HOMEOWNERS ASSOCIATION, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

January 31, 1990.


Attorney(s) appearing for the Case

COUNSEL

Robie & Matthai, James R. Robie, Michael J. O'Neill and Pamela E. Dunn for Petitioner.

No appearance for Respondent.

Thorsnes, Bartolotta, McGuire & Padilla and Neal H. Rockwood for Real Party in Interest.


OPINION

TODD, J.

Bonita Park Homeowners Association (Association), a nonprofit corporation, filed an action on January 21, 1986, against Bonita Park developer McMillin Construction Company. The Association sought damages for latent construction defects in the condominium homes. Upon a motion for summary adjudication the court found the Association failed to timely file suit before 10 years after recordation of valid notices of completion...

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