The Village of Los Banos, Unit No. 2 Owners Association vs K. Hovnanian Communities, Inc., et al.

21CV-03779 The Village of Los Banos, Unit No. 2 Owners Association vs K. Hovnanian Communities, Inc., et al.

Motion for Summary Adjudication

K. Hovnanian Defendants’ motion for summary adjudication is GRANTED.

Defendants’ requests for judicial notice are GRANTED.

Plaintiff’s objections to evidence in opposition are OVERRULED.

Defendants filed a separate statement of undisputed material facts, supported by admissible evidence, containing undisputed material facts that establish Plaintiff’s claims relating to the roads, perimeter walls, sewer and stormwater lift stations, clubhouse, and tennis court are time barred by the applicable 10-year statute of repose.

Specifically, Defendants’ UMFs 7, 8, 10, 11, 13, 14, 15, 18 and 20, establish the roads, perimeter walls, sewer and stormwater lift stations, clubhouse, and tennis court were completed, and that Defendants’ did not possess or control those areas, more than ten

(10) years prior to Plaintiff’s lawsuit; see evidence cited in support of UMFs 7, 8, 10, 11, 13, 14, 15, 18, 20, and Reply Exhibit 9 regarding these facts.

This shifts the burden to Plaintiff to show the existence of one or more triable issues of material fact. (Code Civ. Proc., § 437c, subd. (p)(2). Here, Plaintiff’s stated authority and evidence in opposition does not raise a triable issue of material fact. Therefore, Defendants’ motion for summary adjudication is granted.

The motion for summary adjudication as to Defendant JELD-WEN is DENIED WITHOUT PREJUDICE. Defendant JELD-WEN failed to file, as required, a separate statement supported by admissible evidence setting forth the specific facts supporting its entitlement to summary adjudication.

The motion for summary adjudication as to Defendant J.R. Pierce Plumbing is DENIED WITHOUT PREJUDICE. Defendant Pierce Plumbing failed to file, as required, a separate statement supported by admissible evidence setting forth the specific facts supporting its entitlement to summary adjudication.

Defendant K. Hovnanian is directed to submit a written order to the court consistent with this ruling and in compliance with California Rules of Court, rule 3.1312