Supreme Court of California Justia
Docket No. S098660M
Lantzy v. Centex




IN THE SUPREME COURT OF CALIFORNIA


HENRY M. LANTZY, et al.,
Plaintiffs
and
Appellants,
v.
) S098660
CENTEX HOMES, et al.,
Defendants
and
Respondents.

THE COURT:—The majority opinion herein, filed on August 4, 2003, is modified
as follows:
On pages 28 and 29 of the typed opinion, the phrase “see also Northwest
Airlines, Inc. v. Ontario Aircraft Services, Inc. (2002) 104 Cal.App.4th 1053, 1060-
1061,” and the semicolon immediately preceding that phrase, are deleted.
This modification does not affect the judgment.

1


Opinion Information
Date:Docket Number:
Wed, 08/27/2003S098660M

Parties
1Lantzy, Henry V. (Plaintiff and Appellant)
Represented by Alan R. Johnston
Duke, Gerstel, Shearer & Bregante
101 West Broadway, Ste. 1120
San Diego, CA

2Lantzy, Henry V. (Plaintiff and Appellant)
Represented by Dawn R. Brennan
Duke Gerstel Shearer
101 W. Broadway, Suite 1120
San Diego, CA

3Centex Homes (Defendant and Respondent)
Represented by Charles A. Bird
Luce, Forward, Hamilton & Scripps, LLP
600 W. Broadway, Suite 2600
San Diego, CA

4Centex Homes (Defendant and Respondent)
Represented by Kenneth M. Miller
Morgan Miller & Blair
1676 N. California Boulevard, Suite 200
Walnut Creek, CA

5Guerra, Mark T. (Pub/Depublication Requestor)
Represented by Mark T. Guerra
Clapp, Moroney Et Al
P.O. Box 8003-8603
Pleasanton, CA

6National Association Of Home Builders (Amicus curiae)
Represented by Jeffrey Alan Rosenfeld
Piper Marbury Rudnick & Wolfe, LLP
9255 Sunset Boulevard, Ste. 710
Los Angeles, CA

7California Building Industry Association (Amicus curiae)
Represented by George D. Dale
Dale, Braden & Hinchcliffe
3415 South Sepulveda Boulevard, Ninth Fl
Los Angeles, CA

8California Building Industry Association (Amicus curiae)
Represented by Dianne Costales Haines
Dale, Braden & Hichcliffe
3415 South Sepulveda Boulevard, 9th Fl
801 S Grand Ave 9th Fl
Los Angeles, CA

9Civil Justice Association Of California (Amicus curiae)
Represented by Fred James Hiestand
Attorney At Law
1121 L Street, Ste 404
Sacramento, CA


Disposition
Aug 4 2003Opinion: Reversed

Dockets
Jun 28 2001Request for Depublication filed (case init.)
  by non-party residential homebuilders and contractors
Jul 2 2001Opposition filed
  By Appellants to Request to Depublish Appellate Decision
Jul 17 2001Petition for review filed
  by counsel for resps
Jul 23 2001Record requested
 
Jul 26 2001Received Court of Appeal record
  file jacket/loose briefs
Aug 6 2001Answer to petition for review filed
  by counsel for Henry V. Lantz appellant
Aug 22 2001VPetition for Review Granted (civil case)
 
Aug 31 2001Certification of interested entities or persons filed
  by Attorney Mark T. Guerra, (non-party Depub. Requestor)
Sep 10 2001Certification of interested entities or persons filed
  by Atty Charles Bird counsel for respondent
Sep 17 2001Application for Extension of Time filed
  by Respondents to file opening brief on merits to October 22, 2001. ***granted*** order being prepared.
Sep 21 2001Extension of Time application Granted
  to Repondents (Centex Homes, et al.,) to October 22, 2001 to file opening brief on merits.
Oct 23 2001Opening brief on the merits filed
  by counsel for respondents ( Centex Homes et al.,) rule 40n
Oct 23 2001Request for Judicial Notice filed
  by counsel for Respondents (Centex Homes et al.,) rule 40n
Nov 15 2001Request for extension of time filed
  Appellants requests extension of time to December 28, 2001. to file response brief.
Nov 19 2001Extension of Time application Granted
  Appellants (Henry v. Lantzy, et al.,) time to serve and file appellant's response brief on the merits is extended to and including December 28, 2001.
Dec 21 2001Answer brief on the merits filed
  by counsel for (appellant) H. Lantzy et al.,)
Jan 10 2002Reply brief filed (case fully briefed)
  counsel for Respondents (Centex Homes, et al.)
Feb 8 2002Received application to file amicus curiae brief; with brief
  California Building Industry Assoc.
Feb 8 2002Received application to file Amicus Curiae Brief
  By the National Association of Home Builders in support of Respondents. (Application & Brief under same cover)
Feb 13 2002Received application to file amicus curiae brief; with brief
  by Civil Justice Assn. of Calif. in support of aplts. (mailed per rule 40n)
Feb 14 2002Permission to file amicus curiae brief granted
  Calif. Building Industry Assoc.
Feb 14 2002Amicus Curiae Brief filed by:
  Calif. Building Industry Association (non-party)
Feb 14 2002Permission to file amicus curiae brief granted
  National Association of Home Builders
Feb 14 2002Amicus Curiae Brief filed by:
  National Association of Home Builders (non-party)
Feb 22 2002Permission to file amicus curiae brief granted
  Civil Justice Assoc.of Calif.
Feb 22 2002Amicus Curiae Brief filed by:
  Civil Justice Assoc. of California (non-party)
Jun 3 2002Supplemental brief filed
  by counsel for appellant (Henry V. Lantzy, et al.)
Apr 9 2003Case ordered on calendar
  5-6-03, 9am, S.F.
Apr 29 2003Order filed
  The Centex Parties' Request for Judicial Notice, filed on October 23, 2001, is granted.
May 6 2003Cause argued and submitted
 
Aug 4 2003Opinion filed: Judgment reversed
  OPINION BY: Baxter, J. --- joined by: George, C.J., Chin, Brown, Moreno, JJ. DISSENTING OPINION BY: Werdegar, J. --- joined by : Kennard, J.
Aug 27 2003Opinion modified - no change in judgment
  Werdegar, J., was absent and did not participate.
Sep 4 2003Remittitur issued (civil case)
 
Sep 9 2003Received:
  receipt for remittitur from CA 1/5

Briefs
Oct 23 2001Opening brief on the merits filed
 
Dec 21 2001Answer brief on the merits filed
 
Jan 10 2002Reply brief filed (case fully briefed)
 
Feb 14 2002Amicus Curiae Brief filed by:
 
Feb 14 2002Amicus Curiae Brief filed by:
 
Feb 22 2002Amicus Curiae Brief filed by:
 
If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website