March 17, 2017
The Supreme Court this week granted review in a case on its own motion, something it does occasionally. This one isn’t as big a deal as the last two (here and here), however. In those, it appears that nobody brought the cases to the court’s attention, and the court ordered a straight grant, meaning it ordered briefing, held (or will hold) an oral argument, and issued (or will issue) an opinion. In the new case, Elliott Homes, Inc. v. Superior Court, although there was no petition for review, a non-party filed a request to depublish the Court of Appeal opinion and the Supreme Court issued a grant-and-hold order, so there likely will be no briefing, oral argument, or opinion.
The Elliott Homes case is on hold for McMillin Albany, LLC v. Superior Court, which raises the issue, “Does the Right to Repair Act (Civ. Code, § 895 et seq.) preclude a homeowner from bringing common law causes of action for defective conditions that resulted in physical damage to the home?” [Disclosure: Horvitz & Levy has filed an amicus curiae brief in McMillin Albany.]