Brian Woolfall is Senior Counsel in Tyson & Mendes’ San Diego office. His practice focuses on litigating complex construction defect and property damage claims on behalf of developers, general contractors, and subcontractors along with our construction defect litigation team. Mr. Woolfall also has also litigated cases involving personal injury, products liability, unfair business practices, and antitrust violations over nearly 25 years of experience.
Mr. Woolfall has successfully defended claims made with respect to hundreds of single-family homes, large apartment communities, mid-rise and high-rise condominiums, as well as mixed-use and commercial properties. In one case, Mr. Woolfall was able to dispose of a class action claim in its entirety by opposing plaintiffs’ motion for class certification, forcing the dismissal of what would have been a multimillion-dollar action with the potential to impact the construction industry throughout California. He also spent seven years representing homeowners in construction defect cases, which broadened his perspective and enhanced his ability to aggressively defend his clients.
Mr. Woolfall obtained his J.D. from California Western School of Law in 1994, where he served on Law Review and graduated near the top of his class. He obtained his B.B.A. from Baylor University, majoring in marketing with an additional focus on quantitative business analysis.
In his free time, Mr. Woolfall enjoys traveling and spending time with his family, including his wife, daughter, grandkids, and dogs.
Evaluating whether the statute of limitations bars a particular defect claim in construction defect litigation is critical to defending it. Patent defects (those which are “apparent by reasonable inspection” per Code of Civil Procedure 337.1(e)) have a statute of limitations which expires four years after the substantial completion of the improvement. In contrast, latent defects are those which are “not apparent by reasonable inspection” per Code of…
For decades across the country, parking enforcement officers have driven past unmetered parking, such as two-hour parking zones, and chalked car tires. If the parking enforcement officer came back, in this instance, over two hours later, and any cars with chalked tires remained, the officer would issue parking tickets. Cities generate a substantial amount of revenue from this practice.
A recently issued decision by the California Supreme Court analyzed whether a plaintiff employee may seek to recover unpaid or underpaid wages from his or her employer in an action brought pursuant to the California Private Attorneys General Act of 2004 (“PAGA”) (California Labor Code §§2698 et seq.). The answer: No.
One of the first tasks a homeowner’s or association’s attorney does when they receive a new construction defect case is to immediately obtain records relating to the completion date of the property at issue to make certain the 10-year statute of repose has not yet run. Similarly, of course, one of the first steps defense attorneys need to take when their builder client is faced with a construction defect claim is to immediately ascertain whether they can…