Real Property Law

Cal. Real. Prop. Journal 2014, Vol. 32, No. 2

The Land of Aas, or, Dorothy, We’re Not in Kansas Anymore

By John Paul Hanna and David M. Van Atta

©2014 All Rights Reserved.

I. INTRODUCTION

In the landmark decision, Aas v. Superior Court ("Aas"),1 the California Supreme Court ruled that construction defects in residential housing were actionable only if the defect caused actual personal injury or property damage. Mere failure to comply with local or state building codes was not actionable in the absence of personal injury or property damage.

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