CASE MANAGEMENT ORDERS

The Superior Court of the State of California,
County of Los Angeles drafted the following
Manual on Multi-Party Construction Defect Litigation.

Preface: Multi-party construction defect litigation is litigation commenced by an owner or a group of owners of real property, arising out of alleged defects in improvements constructed upon the property. The number of factual issues and the number of parties frequently involved in such cases pose special case management problems for judges who are assigned to manage them. The purpose of this manual is to assist judges who are called upon to handle such litigation to move it toward resolution in an efficient, expeditious and fair manner.

Step 1: Identify the case as a complex construction defect case.
Step 2: Resolve the issues regarding conditions precedent to suit.
Step 3: Conduct a status conference or case management hearing.
Step 4: Initiate effective case management as soon as possible.
Step 5: Get the parties before the court.
Step 6: Require a complete and final list of defects.
Step 7: Eliminate unnecessary pleadings.
Step 8: Manage discovery.
Step 9: Encourage alternate dispute resolution.

Bibliography:

• Miller, Thomas E., California Construction Defect Litigation, (Wiley Publications, 1993, 2nd ed.).

• Sproul & Rosenberg, Advising California Condominium and Homeowners' Associations, p. 493 et seq. (Continuing Education of the Bar, 1991)

• Cecil & Willging, "Court-Experts," Federal Judicial Center, Reference Manual on Scientific Evidence, p. 225 (West Publishing Company, 1994).