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HICKS v. SUPERIOR COURT

No. B167843.

8 Cal.Rptr.3d 703 (2004)

Robin HICKS et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent; Kaufman and Broad Home Corporation et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Seven.

As Modified January 22, 2004.

Rehearing Denied February 11, 2004.

Review Granted May 12, 2004.

Attorney(s) appearing for the Case

Cohenlan & Khoury, Timothy D. Cohelan, Isam C. Khoury, San Diego, and Micahel D. Singer; Freeman & Freeman and Lawrence P. Freeman, Encino, for Robin Hicks, Manuel A. Gonzales and Vicki Ann Gonzales.

No appearance for Respondent.

Quinn Emanuel Urquhart Oliver & Hedges, D.M." Chip" Rawlings and A. Brooks Gresham, Los Angeles, for Real Parties in Interest Kaufman and Broad Home Corporation et al.

Heller Ehrman White & McAuliffe, Richard DeNatale, San Francisco, Michael T. Williams and Jilana L. Miller; Murchinson & Cumming and Friedrich W. Seitz, Los Angeles, for Real Parties in SI Corporation et al.

Cooper, White & Cooper, Kathleen F. Carpenter and Dee A. Ware, Walnut Creek, for Amicus Curiae California Building Industry Association on behalf of Real Parties in Interest.

Newmeyer & Dillion, Gregory L. Dillion, Newport Beach, and Stacey H. Sullivan, for Amicus Curiae Centrex Homes, Inc., Fieldstone Communities, Inc., Standard Pacific Corporation and William Lyon Homes, Inc. on behalf of Real Parties in Interest.

PERLUSS, P.J.

We issued an order to show cause in this case to determine whether, at the time of the home sales at issue, California law precluded the builder of newly constructed homes from modifying or excluding from its sales contracts the common law implied warranty of quality first recognized in Pollard v. Saxe & Yolles Dev. Co. (1974) 12 Cal.3d 374,

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