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 | Lantzy, Henry V. (Plaintiff and Appellant) Represented by Alan R. Johnston Duke, Gerstel, Shearer & Bregante 101 West Broadway, Ste. 1120 San Diego, CA |
| 2 | Lantzy, Henry V. (Plaintiff and Appellant) Represented by Dawn R. Brennan Duke Gerstel Shearer 101 W. Broadway, Suite 1120 San Diego, 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 | Guerra, Mark T. (Pub/Depublication Requestor) Represented by Mark T. Guerra Clapp, Moroney Et Al P.O. Box 8003-8603 Pleasanton, CA |
| 6 | 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 |
| 7 | California Building Industry Association (Amicus curiae) Represented by George D. Dale Dale, Braden & Hinchcliffe 3415 South Sepulveda Boulevard, Ninth Fl Los Angeles, CA |
| 8 | 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 |
| 9 | Civil Justice Association Of California (Amicus curiae) Represented by Fred James Hiestand Attorney At Law 1121 L Street, Ste 404 Sacramento, 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: |
