McMILLIN ALBANY LLC v. SUPERIOR COURT

No. S229762.

4 Cal.5th 241 (2018)

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

Supreme Court of California.

January 18, 2018.


Attorney(s) appearing for the Case

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

Ulich Ganion Balmuth Fisher & Feld and Donald W. Fisher as Amici Curiae on behalf of Petitioners.

Donahue Fitzgerald, Kathleen F. Carpenter , Amy R. Gowan ; Ware Law and Dee A. Ware for California Building Industry Association, Building Industry Legal Defense Foundation and California Infill Federation as Amici Curiae on behalf of Petitioners.

Ryan & Lifter, Jill J. Lifter ; Chapman, Glucksman Dean Roeb & Barger and Glenn T. Barger for Association of Defense Counsel of Northern California and Nevada and Association of Southern California Defense Counsel as Amici Curiae on behalf of Petitioners.

Hirsch Closson, Robert V. Closson and Jodi E. Lambert for California Professional Association of Specialty Contractors as Amicus Curiae on behalf of Petitioners.

Newmeyer & Dillion, 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.

Epstein Grinnell & Howell, Anne L. Rauch ; Berding & Weil and Tyler P. Berding for Consumer Attorneys of California as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Milstein Adelman, Milstein Adelman Jackson Fairchild & Wade, Mark A. Milstein , Fred M. Adelman and Mayo L. Makarcyzk for Real Parties in Interest.

Benson Legal, Susan M. Benson ; Williams | Palecek Law Group and Jason P. Williams for The National Association of Subrogation Professionals as Amicus Curiae on behalf of Real Parties in Interest.

Law Offices of Brian J. Ferber, Brian J. Ferber ; Benedon & Serlin, Gerald M. Serlin and Wendy S. Albers as Amici Curiae on behalf of Real Parties in Interest.

Horvitz & Levy, H. Thomas Watson and Daniel J. Gonzalez for MWI, Inc., as Amicus Curiae on behalf of Real Parties in Interest.

Kasdan Lippsmith Weber Turner, Kenneth S. Kasdan , Michael D. Tuner , Bryan M. Zuetel and Derek J. Scott as Amici Curiae on behalf of Real Parties in Interest.


OPINION

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 [101 Cal.Rptr.2d 718, 12 P.3d 1125] (Aas), this court held that the economic loss rule bars homeowners suing in negligence for...

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