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LANTZY v. CENTEX HOMES

No. A091838.

107 Cal.Rptr.2d 795 (2001)

89 Cal.App.4th 1059

Henry V. LANTZY et al., Plaintiffs and Appellants, v. CENTEX HOMES et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Five.

Review Granted August 22, 2001.

Attorney(s) appearing for the Case

Dawn R. Brennan, San Diego, Alan R. Johnston, San Francisco, Duke Gerstel Shearer, for plaintiffs and appellants.

Kenneth M. Miller, San Diego, Kathleen M. DeLaney, Walnut Creek, Morgan, Miller & Blair, for defendants and respondents.

JONES, P.J.

In this case, we will hold that the 10-year statute of limitations set forth in Code of Civil Procedure1 section 337.15, for actions to recover damages for latent construction defects, is subject to equitable tolling during periods of repair. In reaching this conclusion, we will agree with holdings in Cascade Gardens Homeowners Assn. v. McKellar & Associates (1987) 194 Cal.App.3d 1252

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