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McMILLIN ALBANY LLC v. SUPERIOR COURT

No. F069370.

239 Cal.App.4th 1132 (2015)

191 Cal.Rptr.3d 53

McMILLIN ALBANY LLC et al., Petitioners, v. THE SUPERIOR COURT OF KERN COUNTY, Respondent; CARL VAN TASSELL et al., Real Parties in Interest.

Court of Appeals of California, Fifth District.

August 26, 2015.

Attorney(s) appearing for the Case

Borton Petrini, Calvin R. Stead and Andrew M. Morgan for Petitioners.

Donahue Fitzgerald, Kathleen F. Carpenter ; Ware Law, Amy R. Gowan and Dee A. Ware for California Building Industry Association as Amicus Curiae on behalf of Petitioners.

Newmeyer & Dillon, Alan H. Packer , J. Nathan Owens , Paul L. Tetzloff and Jeffrey R. Brower for Leading Builders of America as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Milstein Adelman, Fred M. Adelman and Mayo L. Makarcyzk for Real Parties in Interest.

OPINION

Real Parties in Interest, Carl Van Tassell et al. (real parties in interest), filed an action against the builders of their homes for recovery of damages allegedly resulting from defects in the construction of the homes. Petitioners, McMillin Albany LLC et al. (McMillin), moved to stay the litigation until real...

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