California Court of Appeal

Absent proof that the original owners of the defective homes suffered actual economic injuries as a result of the construction defects, they possessed no cause of action against the builder that precluded the subsequent owners from maintaining the present tort claims; the cause of action belongs to the owner who first discovered, or ought to have discovered, the property damage.

Appellate Information

• Decided 05/20/2004
• Published 05/20/2004

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Law Offices of Keith C. Rickelman and Keith C. Rickelman for Plaintiffs and Appellants.


• For Appellees:
  
• Brunn & Flynn, Roger S. Matzkind, Modesto;  Marderosian, Runyon, Cercone, Lehman & Armo and Brett L. Runyon, Fresno, for Defendant and Respondent.