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Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association

MCLE Test and Answer Sheet
Test No. 112: Defective Solutions
(January 2003)


Instructions for Obtaining MCLE Credits

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour.

1. Study the CLE article in this issue.


2. Answer the test questions by marking the appropriate boxes. Each question has only one answer. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced.

3. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:
Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 
Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.
Test Sheet 
Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. Civil Code Section 1375 was first enacted in:
A. 1991.
B. 1993.
C. 1995.
D. 1997.

2. Civil Code Section 1375 only applies to disputes between homeowner associations and real estate developers for defective design or construction of developments of 20 units or more.
True.
False.

3. Under the revised version of Civil Code Section 1375 that became effective July 1, 2002, the statute of limitations on all claims is tolled 150 days.
True.
False.

4. Revised Section 1375 requires the developer to forward the Notice of Commencement of Legal Proceedings to subcontractors, design professionals, and their insurers within 25 days of service of the original notice.
True.
False.

5. Revised Section 1375 still allows for an early meeting between the developer and the board of the association.
True.
False.

6. Discussions at an early meeting are privileged communications and are not admissible in any subsequent civil action.
True.
False.

7. In order to be a dispute resolution facilitator, one must:
A. Have at least 5 years’ experience as a court-appointed neutral.
B. Be sufficiently knowledgeable in the subject matter and be able to devote sufficient time to the case.
C. Be confirmed by the presiding judge of the court.
D. All of the above.

8. In furtherance of settlement, revised Section 1375 allows the developer to submit to the association:
A. A written settlement offer.
B. Test results.
C. A request to meet with the association’s board.
D. All of the above.

9. A party that participates in the prelitigation process without settlement authority is bound by any subsequent settlement reached.
True.
False.

10. The case management meeting must be held no later than 30 days before the association files its lawsuit.
True.
False.

11. A subcontractor whose total exposure is less than $25,000 may be considered a peripheral party.
True.
False.

12. The board cannot initiate a lawsuit against the developer until it discusses any formal settlement offer proposed by the developer with the members of the association at an open meeting of the members.
True.
False.

13. Revised Section 1375 requires the developer to personally attend any open meeting of the association’s members.
True.
False.

14. SB 800 applies to all residential property sold January 1, 2003, or later.
True.
False.

15. New Civil Code Sections 875 et seq. apply only to real estate developments of 20 units or more.
True.
False.

16. Under the new procedures in SB 800, the developer must give notice of a planned inspection and testing to subcontractors, design professionals, and other parties related to the dispute:
A. Within 14 days of receipt of the homeowner’s notice.
B. Within 25 days of receipt of the homeowner’s notice.
C. Within 60 days of receipt of the homeowner’s notice.
D. Sufficiently in advance of the inspection and testing.

17. According to SB 800, the developer can conduct a second inspection and testing of the premises at issue as a matter of right.
True.
False.

18. Under SB 800, the developer may, within 30 days of any inspection and testing, offer in writing to repair the violation.
True.
False.

19. According to SB 800, after the homeowner receives the developer’s offer to repair, the homeowner may select an alternative contractor to perform the repairs—but the contractor must be one of three designated by the developer.
True.
False.

20. If the parties agree to mediate their dispute, under SB 800 the mediator will be selected and paid for by the developer unless the homeowner agrees to split the cost.
True.
False.

Address and Billing 
After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.

  
Before hitting the "Submit" button please verify that all questions have been answered.

*The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by The State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by The State Bar of California in the amount of one hour.



   
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