To minimize potential liability from construction defects, many developers have drafted CC&Rs with provisions eliminating an association's right to a jury trial in any conflicts involving the developer. They do so by requiring all disputes be resolved by an mediation, arbitration or by use of a judicial reference. In Treo @ Kettner Homeowners Assn v. Superior Court, the Court of Appeal struck down such limitations. Associations have the right to a jury trial in conflicts it may have with the developer.