California Court of Appeal

In a construction defect action brought by a condominium association against defendants, a judgment partially in favor of plaintiff, a damages award against plaintiffs, and orders reducing attorney fees for prevailing defendants, are affirmed as: 1) plaintiff did not state a valid nuisance cause of action; 2) good faith settlement proceedings were adversarial and fair; 3) the trial court gave proper settlement credits to defendants; 4) the statutes of limitations were tolled pursuant to the Calderon Act and plaintiff's action was timely; 5) the trial court properly rejected defendant's claim that it was exempt from liability because it complied with the project's building plans; 6) the collateral source rule applied, defendant agreed to indemnify the builder; and 7) the court properly awarded plaintiff its expert fees as damages and did not abuse its discretion by reducing prevailing defendants' request for attorney's fees.

Appellate Information

• Decided 09/06/2007
• Published 09/06/2007

Judges

• GILBERT, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Cappello & Noël, A. Barry Cappello, Troy A. Thielemann and Matthew M. Clarke, Santa Barbara, for Plaintiffs and Appellants El Escorial Owners' Association and Investment Construction, Inc.


• For Appellees:
  
• Hardin E. Coffin, Mark T. Coffin, Santa Barbara, Jeffrey L. Boyle, Driscoll & Reynolds and David E. Driscoll, Riverside, for Defendants and Appellants Coastline Painting & Drywall, Inc., Mid-Cal Painting & Drywall, Inc., and Pyramid Tile Company., Henderson & Borgeson, Santa Barbara, and Barton C. Merrill, Benton, Orr, Duval & Buckingham, Ventura, Dale, Braden & Hinchcliffe, for Defendant and Appellant DLC Plastering, Inc., Dale, Braden & Hinchcliffe, Kathleen S. Braden, Ventura, and Barton C. Merrill, Adler Law Group and Erwin Adler, for Defendant and Appellant Alderman Construction, Inc.