The Supreme Court of California recently denied a request to overturn and depublish the Fourth Appellate District’s decision in Gerlach v. K. Hovnanian’s Four Seasons at Beaumont, LLC, 82 Cal. App. 5th 303, 298 Cal. Rptr. 3d 356 (2022), which required evidence of a current or past violation of one of the codified construction performance standards to recover damages. The Plaintiffs’ bar vigorously fought to overturn the holding and depublish the case, and the California Supreme Court’s decision to let the ruling stand is a decisive victory for our client, K. Hovnanian Homes, and all residential developers in California. Gerlach can now be cited in motions, mediation briefs, etc. and is controlling precedent.
California Supreme Court confirms the Appellate Court published opinion of Gerlach v. K. Hovnanian’s Four Seasons at Beaumont, LLC