Construction Defect Cases

e-Filing

Construction defect cases involve claims related to the construction of physical structures, including:

  • Individual residences
  • Residential condominiums
  • Commercial buildings 
  • Commercial condominiums

These cases may involve any of the following:

  • Associations governing any of the above structures
  • Developers
  • Subcontractors
  • Manufacturers involved in the construction of the physical structures



Venue

Pursuant to San Diego Superior Court Local Rules 1.2.2.F and 2.1.3, venue for construction defect cases is divided into two divisions: Central and North County. The East and South County Divisions are included in the Central Division. If a case primarily involves construction defect claims, it may be assigned to a department designated to hear construction defect cases.

  • Any pre-litigation petition brought to the court pursuant to Civil Code §6000 will be assigned a case number and may be assigned to a designated construction defect department in the Central or North Division.
  • Any construction defect complaint filed after completion of the pre-litigation requirements of Civil Code §6000, et seq. will be assigned the same case number as any pre-litigation case number existing for the action.



Initial Filing of Construction Defect Cases

Initial construction defect complaints shall be electronically filed (e-Filed). San Diego Superior Court has mandatory e-Filing through court approved e-Filing service providers, unless there is a court order waiving e-Filing. 

Viewing of Documents

Documents electronically filed in Construction Defect prior to June 2, 2014, are maintained in the File&Serve Xpress system and can be viewed via a File&Serve Xpress subscription or on the Public Access Terminal (PAT) located in Room 241 of the Hall of Justice (2nd floor).

Documents filed on or after June 2, 2014, can be viewed on the Court's Register of Actions available on the Court's website or on the kiosks located in the Civil Business Offices.

Case Management Orders (CMOs)

Plaintiffs and Defendants are to meet and confer regarding preparation of the Case Management Order (CMO) prior to the filing of a cross-complaint. A Standard Case Management Order for Complex Construction Defect Cases can be downloaded as a Microsoft Word template to prepare a case-specific CMO. The CMO shall be completed and submitted to the court for final approval.

When preparing the CMO timeline, please be aware that the court schedules the following events on Fridays:

  • Status Conference
  • Case Management Conference
  • Pre-Mediation Readiness Conference
  • Trial Readiness Conference
  • Trial Call

For the time of each event, please refer to the applicable Department Policies and Procedures.

Courtesy Copies

If a hearing is set within two court days of the time documents are electronically filed, litigants must provide hard copies of the documents to the court. Transaction ID numbers must be noted on the documents to the extent it is feasible to do so. Hard copies for ex parte hearings must be delivered directly to the department no later than 12:00 p.m. on the court day immediately preceding the hearing date.

For Department C-74 only: Courtesy copies of documents specified in the e-Filing Courtesy Copy Reference Guide must be provided to the court.