New book by Larry Connors Click here Improve your trading - See how
In August of 2009, the Superior Court of San Bernardino, California issued the ruling in the case of Standard Pacific Corporation vs. The Superior Court of San Bernardino. The outcome of this case means the responsibility of any pre-litigation compliance does not fall on the builder. The court ruled in favor of the builder, and stated that the plaintiff bears the burden of establishing compliance with "fix-it" pre-litigation procedures in cases pertaining to California Civil Code 910.
"This ruling is especially impactful for builders because it clarifies that the homeowner or homeowners association bears the responsibility for showing the pre-litigation process was followed, which can save builders time and money," said Keith Koeller, Founding Partner at Koeller, Nebeker, Carlson & Haluck.
Several homeowners filed the action May 5th, 2008 based on problems related to the construction of homes located within one housing development. Homeowners claimed the builder was liable for their products and for general negligence. The court found that to be in compliance with the California Civil Code 910, Standard Pacific Corporation must be given opportunity to repair before litigation.
"In the future this precedent will create a barrier for those who want to circumvent the statute, and go to court prematurely without doing the due diligence of the fix-it compliance process," said Koeller.
Koeller, Nebeker, Carlson & Haluck
Koeller, Nebeker, Carlson, & Haluck, LLP is the recognized authority in all areas of construction litigation with a broad spectrum of practice areas including insurance coverage and bad faith, litigation defense, business law, employment relation litigation, environmental law as well as most types of general practice areas. The firm has expanded rapidly since its inception in 1986 and has formed a dynamic presence in California (Irvine, San Diego, and Sacramento), Arizona (Phoenix), and Nevada (Las Vegas). For more information, visit http://knchlaw.com/ .
SOURCE Koeller, Nebeker, Carlson, & Haluck, LLP
http://knchlaw.com
More News:
Market Updates |
Stock Alerts |
All Trading News |
Stock Index
About TradingMarkets | Contact | Advertise | Careers | Link to Us | Site Map | Help | Terms & Conditions | Privacy Policy | Return Policy | Testimonials | Feedback
The Connors Group, Inc. ("Company") is not an investment advisory service, nor a registered investment advisor or broker-dealer and does not purport to tell or suggest which securities or currencies customers should buy or sell for themselves. The analysts and employees or affiliates of Company may hold positions in the stocks, currencies or industries discussed here. You understand and acknowledge that there is a very high degree of risk involved in trading securities and/or currencies. The Company, the authors, the publisher, and all affiliates of Company assume no responsibility or liability for your trading and investment results. Factual statements on the Company's website, or in its publications, are made as of the date stated and are subject to change without notice.
It should not be assumed that the methods, techniques, or indicators presented in these products will be profitable or that they will not result in losses. Past results of any individual trader or trading system published by Company are not indicative of future returns by that trader or system, and are not indicative of future returns which be realized by you. In addition, the indicators, strategies, columns, articles and all other features of Company's products (collectively, the "Information") are provided for informational and educational purposes only and should not be construed as investment advice. Examples presented on Company's website are for educational purposes only. Such set-ups are not solicitations of any order to buy or sell. Accordingly, you should not rely solely on the Information in making any investment. Rather, you should use the Information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING AND MAY NOT BE IMPACTED BY BROKERAGE AND OTHER SLIPPAGE FEES. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
The Connors Group, Inc.
10 Exchange Place, Suite 1800
Jersey City, NJ 07302
© Copyright 2009 The Connors Group, Inc.
