McMillan Albany LLC v. Superior Court (2015) 239 Cal.App.4th 1132 Presently, a similar case to the Elliott Homes (See Feb. post) is currently being considered by the California Supreme Court on the issue of the Builder’s Right to Repair Act’s exclusivity. The facts are somewhat similar to Elliott – a group of homeowners filed a construction defect lawsuit against their builder (McMillan) based on common law theories (strict liability, breach of warranty, etc.) without going