HOME MEMBERSHIP CALENDAR JUDICIAL COUNCIL 

FORMS KNOW YOUR 

JUDGES DAILY 

EBRIEFS LA LAWYER




    For Attorneys
    For the Public
    About Us
    Jobs
    LA County
    Bar Foundation
    Law Students
    My Account


LACBA on Facebook.
LACBA on Twitter.
LACBA on LinkedIn.



 

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


 
 

January 2007      MCLE Test and Answer Sheet

Test Number 155: Wake-Up Call

 
 

Instructions for Obtaining MCLE Credit

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. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. 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. The time limitation on actions involving patent construction defects is:
 A. Three years after substantial completion of the construction.
 B. Four years after substantial completion of the construction.
 C. One year after discovery of the defect.
 D. 10 years after substantial completion of the construction.

2. The time limitation on actions involving latent construction defects is:
 A. Three years after substantial completion of the construction.
 B. Four years after substantial completion of the construction.
 C. One year after discovery of the defect.
 D. 10 years after substantial completion of the construction.

3. The time-related defenses to liability prescribed in the construction defect statutes cannot be asserted by "any person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time any deficiency in the improvement constitutes the proximate cause for which it is proposed to bring an action."
 True.
 False.

4. The court in Eden v. Van Tyne held that "persons in possession" should be treated differently from contractors regarding the ability to invoke a time-related defense to construction defect liability.
 True.
 False.

5. The applicable time limitations on construction defect actions run from the time the defect in question was discovered.
 True.
 False.

6. Code of Civil Procedure Section 337.15 is a statute of repose rather than a statute of limitation.
 True.
 False.

7. A statute of repose is dependent upon the accrual of a claim and is not tied to an independent, objectively determined, and verifiable event.
 True.
 False.

8. Code of Civil Procedure Section 337.1 is a statute of limitation rather than a statute of repose.
 True.
 False.

9. A defendant who was in "possession or the control" during the time a construction defect was created is barred permanently from pleading the statute of repose defense to a construction defect claim.
 True.
 False.

10. Magnuson-Hoyt v. County of Contra Costa addresses the question of what classes of parties may employ the statute of repose defense.
 True.
 False.

11. In Eden, the plaintiffs argued that Section 337.15(e) barred the contractor and named others from using the statute of repose defense because they were in possession or control of the premises at the time the defective latent condition was designed, installed, or built into the improvement.
 True.
 False.

12. The plaintiffs in Magnuson-Hoyt argued that time limitations for construction defect actions should not be applied against government agencies.
 True.
 False.

13. According to Magnuson-Hoyt, Section 337.15 clearly and unambiguously expresses a legislative intent to place a 10-year limit on latent deficiency liability exposure for "any person" performing certain activities in making improvements to real property.
 A. The defendant.
 B. The government.

14. Assembly Bill 2631 was proposed in spring 1998 to specifically limit the applicability of the Section 337.15(e) exclusion to:
 A. Licensed contractors.
 B. Government entities.
 C. Nonprofit organizations.
 D. "Persons" in control.

15. In Gaggero v. County of San Diego, the court concluded that the defendant's methane monitoring activity brought it within the rationale of the "control exception."
 True.
 False.

16. Leaf v. City of San Mateo found that the city's responsibility for storm and sanitary sewer easements constituted enough possession or control for the plaintiff to invoke the control exception and exclude the city from asserting a defense based on the statute of repose.
 True.
 False.

17. The Leaf court found that the city was not liable for construction defects as a result of sovereign immunity.
 True.
 False.

18. A "patent" construction defect, as defined by statute, is:
 A. Apparent upon reasonable inspection.
 B. Apparent to a construction expert.
 C. Provable in court.
 D. Caused by normal wear and tear on the construction.

19. A "latent" construction defect, as defined by statute, is:
 A. Apparent upon reasonable inspection
 B. Apparent to a construction expert.
 C. Not provable in court.
 D. Not found until after the completion of construction.

20. Section 337.15 imposes an absolute requirement that a lawsuit seeking the recovery of damages for latent defects must be brought within 10 years of substantial completion of the construction, whether or not the defect was or even could have been discovered within that period.
 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 clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are 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 Legal Ethics credit by the State Bar of California in the amount of one hour.

 


 
   
 

Copyright 2007, Los Angeles Lawyer magazine. All Rights Reserved.

 

   
Los Angeles Lawyer
 
 
 
 
       
   
General Information
 
 
 
 
 
 
 
 
       
   
 
 
 
Online MCLE
 
 
 
 
Plus: Earn MCLE Credit