Appellant apartment owners sought review of a judgment rendered by the Superior Court of Marin County (California) that granted appellee architect’s demurer in an action for damages for defects in construction.
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Appellee architect filed a demurrer to appellant apartment owners’ complaint for damages on the ground that the action — one based on breach of contract — was time-barred by the 10-year limitations period prescribed in Cal. Civ. Proc. Code § 337.15. The action was brought after appellants discovered latent defects in the construction of balconies, decks, and railings in the apartment complex. The trial court dismissed appellants’ action without leave to amend. Appellants sought review of the order. Appellants contended that § 337.15, construed in light of its legislative history and public policy considerations, did not limit actions sounding in contract and that appellee’s demurrer was therefore erroneously sustained. Appellants did not dispute that if § 337.15 was applicable to actions for breach of contract, their claim was barred because it was brought about 11 years after substantial completion of the apartment complex. The court affirmed the judgment of trial court. After review of the statute and extrinsic aids, the court concluded that appellants’ contention could not be supported.
The court affirmed the judgment that granted appellee architect’s demurer in an action brought by appellant apartment owners for damages for defects in construction because appellants failed to meet the 10-year statute of limitations period.