KB Home Greater Los Angeles Inc v Superior Court (2014) 2104 DJDAR 2140

The Right to Repair Act — in Civ Code Section 895 forward requires that a buyer of a new home that is subject to the Act give notice of any claimed defects to the developer/builder before making any repairs to the home.  Giving the developer/builder notice of the alleged defects only after repairs have been made does not constitute substantial compliance with the Act, as one of the purposes of the Act is the give the developer/builder an opportunity to correct the defects and avoid litigation, and late notice would defeat that purpose.  Where notice is not given before repairs are made, an insurance company which pays for the repairs may not recover the amounts it paid in a subrogation action against the developer/builder on a cause of action for violation of the Act.