California Court of Appeal

In consolidated appeals reviewing several rulings on a school district's breach of contract claims involving a construction project, grant of a motion for summary adjudication, a motion for judgment on the pleadings in favor of plaintiff, and other rulings in its favor are reversed where: 1) the trial court committed reversible error by not considering, on a provisional basis, extrinsic evidence proffered in support of one party's interpretation of a completion agreement; 2) the trial court erred by concluding that section 7105(d)(2) barred its rescission claims as a matter of law; 3) case precedent did not bar such claims either; 4) a ruling that the party could not, as a matter of law, maintain a cross-action against the district for breach of contract based on breach of implied warranty required reversal was error; 5) a ruling regarding joint and several liability required reversal; and 6) an award of attorney's fees could not stand.

Appellate Information

• Decided 06/05/2008
• Published 06/05/2008

Judges

• CHAVEZ, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Wilson Elser Moskowitz Edelman & Dicker, John J. Immordino and Susannah M. Dudley, Los Angeles, for Defendant and Appellant Great American Insurance Company., Monteleone & McCrory, Joseph A. Miller, Los Angeles, and Leighton T. Brown II, for Defendant and Appellant Hayward Construction Company, Inc., Bergman & Dacey, Inc., Gregory M. Bergman, John P. Dacey, and Jorge J. Luna, Los Angeles, for Plaintiff and Respondent.