Hicks v. Superior Court

Full title: ROBIN HICKS et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES…

Court: California Court of Appeals, Second District, Seventh Division

Date published: Jan 22, 2004

No. B167843 (Cal. Ct. App. Jan. 22, 2004)

Opinion

Page 426b

118 Cal.App.4th 426b __ Cal.Rptr.3d__ ROBIN HICKS et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; KAUFMAN AND BROAD HOME CORPORATION et al., Real Parties in Interest. B167843 California Court of Appeal, Second District, Seventh Division January 22, 2004

Los Angeles County Super. Ct. No. BC198414

ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on January 22, 2004 (115 Cal.App.4th 77; 8 Cal.Rptr.3d 703) be modified as follows:

1. On page 2 [115 Cal.App.4th 80, advance report], first sentence of the majority opinion, the word "permitted" is changed to "precluded" so that the sentence reads:

We issued an order to show cause in this case to determine whether, at the time of the home sales at issue, California law precluded the builder of newly constructed homes from modifying or excluding from its sales contracts the common law implied warranty of quality first recognized in Pollard v. Saxe & Yolles Dev. Co. (1974) 12 Cal.3d 374 [115 Cal.Rptr. 648] (Pollard).

There is not change in the judgment.

PERLUSS, P. J., WOODS, J.