California Court of Appeal
Pine Terrace Apartments, L.P. v. Windscape, LLC, F054609
In a suit against the developer and seller of an apartment complex alleging latent construction defects, summary judgment for cross-defendant subcontractors is reversed where: 1) the exemption from the 10-year statute of limitations for "actions based on willful misconduct" applied to cross-complaints for indemnity; and 2) a willful misconduct claim could be made in a cross-complaint by way of incorporating by reference allegations contained in the complaint.
Appellate Information
- Decided 01/13/2009
- Published 01/13/2009
Judges
Court
- California Court of Appeal
Counsel
- For Appellant:
- Flynn/Williams,Robert P. Hall, Jr., and Stephen M. Flynn, San Rafael, for Plaintiff and Appellant.
- For Appellees:
- Cooper & Hoppe, Theodore W. Hoppe and Brian H. O'Driscoll, Fresno, for Defendants, Cross-complainants and Appellants., Myers & Mayfield, Lori R. Mayfield, Michelle E. Sassano, Fresno; Elie & Associates, Susan F. Leonard, Rancho Cordova; Law Office of Zinkin & Bruce, and Daniel A. Bruce, Fresno, for Cross-defendants and Respondents.