No. C078122.

6 Cal.App.5th 333 (2016)

ELLIOTT HOMES, INC., Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; KEVIN HICKS et al., Real Parties in Interest.

Court of Appeals of California, Third District.

December 2, 2016.

Attorney(s) appearing for the Case

Evans, Wieckowski, Ward & Scoffield, Lindy H. Scoffield , Elizabeth A. McGinty and Heather M. Puentes for Petitioner.

Donahue Fitzgerald, Kathleen F. Carpenter and Amy R. Gowan for California Building Industry Association and Leading Builders of America as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Lattie Malanga Libertino, Teresa A. Libertino and Gerald B. Malanga for Real Party in Interest.


Real parties in interest, Kevin Hicks et al., filed an action against petitioner Elliott Homes, Inc. (Elliott), the builder of their homes, seeking damages for construction defects. Elliott moved to stay the litigation until real parties in interest complied with the prelitigation procedure set forth...

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