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ZAMBRANO v. M & RC II LLC

No. 1 CA-CV 19-0635.

496 P.3d 789 (2021)

Tina ZAMBRANO, Plaintiff/Appellant, v. M & RC II LLC, et al., Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

FILED July 29, 2021.

Attorney(s) appearing for the Case

Vial Fotheringham, LLP, Tempe, By Darrien Shuquem , Counsel for Plaintiff/Appellant.

Stinson LLP, Phoenix, By James E. Holland, Jr. , Michael Vincent , Counsel for Defendants/Appellees.

Kasden LippSmith Weber Turner, LLP, Phoenix, By Kenneth S. Kasden , Scott A. Booth , Michael J. White , Counsel for Amicus Curiae Concerned Consumers of Magma Ranch.

Jones, Skelton & Hochuli, P.L.C., Phoenix, By Robert R. Berk , Eileen Dennis GilBride , Counsel for Amicus Curiae Leading Builders of America.

Judge David B. Gass delivered the opinion of the Court, in which Presiding Judge Jennifer M. Perkins and Judge Michael J. Brown joined.

OPINION

¶1 Tina Zambrano appeals the superior court's grant of summary judgment to M & RC II, LLC, and Scott Homes Development Company (Scott Homes, collectively). Zambrano argues a buyer cannot waive—and a builder cannot disclaim—the implied warranty of workmanship and habitability, even if the builder...

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