California Court of Appeal

An assignee of a lawsuit had no standing to bring a later action, for construction defects unknown at the time of the original action, because the later action was not a "successor and replacement" of the original; no standing independent of assignment existed where individuals sued for damage to property held by a partnership interest.

Appellate Information

• Decided 05/01/2002
• Published 05/01/2002

Judges

•  CHARLES S. VOGEL, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Shernoff, Bidart, Darras & Arkin and Sharon J. Arkin, Newport Beach, for Plaintiffs and Appellants.


• For Appellees:
  
• Everett W. Maguire Law Corporation, Everett W. Maguire, and Jeffrey D. Pearlman, Los Angeles;  Lincoln, Gustafson & Cercos, Randall Gustafson, San Diego, and Andrew D. Herold, for Defendants and Appellants C.W. Driver, a partnership, and C.W. Driver, Inc., a corporation., Wood, Smith, Henning & Berman, Stephen J. Henning, Rancho Cucamunga, Anthony H. Son and Stacey Friedman Blank, for Defendant and Respondent Acacia Construction, Inc.