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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, 08/27/2003	S098660M

Parties

1	California Building Industry Association (Amicus curiae) Represented by George D. Dale Dale, Braden & Hinchcliffe 3415 South Sepulveda Boulevard, Ninth Fl Los Angeles, CA
2	California 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
3	Centex Homes (Defendant and Respondent) Represented by Charles A. Bird Luce, Forward, Hamilton & Scripps, LLP 600 W. Broadway, Suite 2600 San Diego, CA
4	Centex Homes (Defendant and Respondent) Represented by Kenneth M. Miller Morgan Miller & Blair 1676 N. California Boulevard, Suite 200 Walnut Creek, CA
5	Civil Justice Association Of California (Amicus curiae) Represented by Fred James Hiestand Attorney At Law 1121 L Street, Ste 404 Sacramento, CA
6	Guerra, Mark T. (Pub/Depublication Requestor) Represented by Mark T. Guerra Clapp, Moroney Et Al P.O. Box 8003-8603 Pleasanton, CA
7	Lantzy, Henry V. (Plaintiff and Appellant) Represented by Alan R. Johnston Duke, Gerstel, Shearer & Bregante 101 West Broadway, Ste. 1120 San Diego, CA
8	Lantzy, Henry V. (Plaintiff and Appellant) Represented by Dawn R. Brennan Duke Gerstel Shearer 101 W. Broadway, Suite 1120 San Diego, CA
9	National Association Of Home Builders (Amicus curiae) Represented by Jeffrey Alan Rosenfeld Piper Marbury Rudnick & Wolfe, LLP 9255 Sunset Boulevard, Ste. 710 Los Angeles, CA

Disposition
Aug 4 2003	Opinion: Reversed

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

Briefs
Oct 23 2001	Opening brief on the merits filed
Dec 21 2001	Answer brief on the merits filed
Jan 10 2002	Reply brief filed (case fully briefed)
Feb 14 2002	Amicus Curiae Brief filed by:
Feb 14 2002	Amicus Curiae Brief filed by:
Feb 22 2002	Amicus Curiae Brief filed by: