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Summary Judgment Granted

The Firm obtained summary judgment on behalf of its home builder client in a construction defect lawsuit brought by a homeowners’ association seeking upwards of $6 million in damages. The matter had been submitted to binding arbitration pursuant to a provision in the association CC&Rs. The motion for summary judgment was based on the association’s failure to obtain the vote of its members prior to initiating defect litigation, as required by the project CC&Rs. Judgment has been entered in favor of the home builder defendant and the association has appealed.

Michael Taurek Joins Plante Lebovic LLP

Michael Taurek joined the Firm as a partner in January, 2019, after spending the last 15 years with Hall Griffin LLP (formerly Green & Hall LLP). Mike has over 25 years of litigation and trial experience, and focuses his practice on real estate, construction and business litigation and the defense of all types of personal injury and property damage claims.

Plante Lebovic LLP Expands to the Bay Area

Plante Lebovic LLP is pleased to announce the opening of its San Francisco office, located at 101 California Street.  The Firm looks forward to servicing its clients’ litigation needs throughout the State of California.

Robert Green Joins Plante Lebovic LLP

Robert Green, the founding member of Green & Hall, moved to Texas and attempted retirement in 2016.  He lasted less than a year and has gotten back into the game, joining Plante Lebovic LLP as Of Counsel.

Court of Appeal Affirms Summary Judgment – Branches Neighborhood Corp. v. CalAtlantic Group, Inc. (2018) 26 Cal.App.5th 743

The Firm obtained summary judgment on behalf of its home builder client in a construction defect lawsuit brought by a homeowners’ association. The matter had been submitted to binding arbitration pursuant to a provision in the association CC&Rs. The motion for summary judgment was based on the association’s failure to obtain the vote of its members prior to initiating defect litigation, as required by the project CC&Rs. In a published decision, the Appellate Court affirmed the grant of summary judgment, holding that the arbitrator did not violate an unwaivable statutory right and that the vote provision is consistent with the purpose of the Davis Sterling Act and does not impose an unreasonable restriction on the association.

Court of Appeal Affirms PWSC Arbitration Ruling

The Firm obtained a ruling at the trial court level on behalf of its home builder client that the Professional Warranty Services Corporation arbitration provision is valid and enforceable.  The homeowners’ association making the claim filed a petition for writ of mandate, seeking to overturn the trial court’s ruling and invalidate the arbitration provision.  The Court of Appeal affirmed the trial court’s order, holding that it was an intermediate ruling in an arbitration dispute that contemplated further proceedings in arbitration and therefore was a non-appealable order.

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Irvine, CA 92612

 (949) 271-8700

101 California Street, Suite 2710
San Francisco, CA 94111

 (415) 365-9669

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Phoenix, AZ 85016

 (602) 387-4041

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