California Court of Appeal

In construction litigation case where plaintiff property owner sued a subcontractor in contract and tort for breach of the contract between the subcontractor and the general contractor, judgment for plaintiff on breeach of contract but not on negligent misrepresentation, and award of attorney's fees, are affirmed over claims of error regarding: 1) denial of prejudgment interest for plaintiff; 2) a determination that paintiff elected not to pursue a tort remedy; 3) a determination that defendant was not negligent; and 4) a finding that plaintiff was entitled to the award as a third party beneficiary to the contract between defendant and the general contractor.

Appellate Information

• Decided 07/16/2007
• Published 07/16/2007

Judges

• NICHOLSON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Ellis, Coleman, Poirier, LaVoie & Steinheimer, Murphy, Pearson, Bradley & Feeney, Mark E. Ellis and Ronald R. Poirier, Sacramento, for Plaintiff and Appellant.


• For Appellees:
  
• Fotouhi EppsHillger Gilroy, Shahab E. Fotouhi and Wendy L. Hillger, San Francisco, for Defendant and Appellant.