California Court of Appeal

Granting of nonsuit motion and summary judgment in favor of defendant subcontractor, in construction defect case alleging negligence in waterproofing retaining walls and installing back drains in residential development, is reversed where the trial court erroneously precluded expert testimony on the subcontractor's standard of care, and where there are triable issues of material fact as to whether the subcontractor was negligent.

Appellate Information

• Decided 11/07/2006
• Published 11/07/2006

Judges

• DOI TODD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Robertson & Vick, Jonathan S. Vick and Robert Nation, Calabasas, for Plaintiff and Appellant., Horvitz & Levy, Curt Cutting and Daniel J. Gonzalez, Encino;  Bremer Whyte Brown & O'Meara, Matthew J. Eschenburg, Keith G. Bremer and Raymond Meyer, Jr., Newport Beach, for Movant and Appellant and for Cross-complainant and Appellant.


• For Appellees:
  
• Sabaitis O'Callaghan, Frank T. Sabaitis, Los Angeles, and Louis R. Chao for Defendant and Respondent and for Cross-defendant and Respondent.