Experience Archive

As we do at the beginning of each year, we are forwarding our 2009 annual mold litigation update. These updates have chronicled the rise and fall of mold litigation during the last decade.

This recent California Court of Appeals decision held that though the statute of limitations generally begins at the date of completion, developers may have a safe haven by completing construction projects but maintaining possession of properties until the market improves. The court rejected the plaintiff homeowner's argument that because the developer continued to own the home for a 16-month period before sale, the 10-year statute was tolled.

Kevin Smith received an overwhelmingly favorable jury verdict this afternoon in a wrongful death trial in Bakersfield, Silva v. Ortiz.   

Shea Homes was absolved of any liability for damages that a Stevenson Ranch family alleged had arisen out of mold  exposure in their home. Jurors in the closely watched personal injury suit returned a defense verdict for Shea, the nation’s largest private home builder, following a three week trial.