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LANTZY v. CENTEX HOMES

No. S098660.

2 Cal.Rptr.3d 655 (2003)

73 P.3d 517

31 Cal.4th 363

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

Supreme Court of California.

As Modified August 27, 2003.

Attorney(s) appearing for the Case

Duke Gerstel Shearer, Dawn R. Brennan and Alan R. Johnston, San Diego, for Plaintiffs and Appellants.

Luce, Forward, Hamilton & Scripps, Charles A. Bird, San Diego; Morgan, Miller & Blair, Kenneth M. Miller and Kathleen M. DeLaney, Walnut Creek, for Defendants and Respondents.

Fred J. Hiestand for the Civil Justice Association of California as Amicus Curiae on behalf of Defendants and Respondents.

David S. Jaffe; Piper Marbury Rudnick & Wolfe, Jeffrey A. Rosenfeld, Los Angeles, and Stephen R. Mysliwiec for National

Association of Builders as Amicus Curiae on behalf of Defendants and Respondents.

Dale, Braden & Hinchcliffe, George D. Dale and Dianne M. Costales for the California Building Industry Association as Amicus Curiae on behalf of Defendants and Respondents.

BAXTER, J.

Depending on the theory of recovery, a lawsuit alleging a latent defect in the construction of an improvement to real property must be brought within three or four years after the plaintiff discovers the defect, or should have done so. (See Code Civ. Proc, §§ 337, subd. 1, 338, subds. (b), (c); Regents of University of California v. Hartford Ace. & Indem. Co. (1978) 21...

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