California Court of Appeal
Creekridge Townhome Owners Ass'n, Inc. v. C. Scott Whitten, Inc., C058300
In a construction defect case, trial court's grant of summary judgment on statute of limitations grounds to the roofing defendants is reversed where: 1) there are triable issues of material fact on whether the alleged defect was patent: 2) there are triable issues of material fact on whether the defect can be deemed discovered in the latent defect context because the damage was sufficiently appreciable so that plaintiff suspected or reasonably should have suspected that defendants had done something wrong to plaintiff.
Appellate Information
- Decided 09/01/2009
- Published 09/01/2009
Judges
- BUTZ, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Angius & Terry LLP, Paul P. Terry, Jr., Bradley J. Epstein and Sam Y. Chon, Sacramento, for Plaintiff and Appellant in Nos. C058300 & C059458.
- For Appellees:
- Klinedinst PC, G. Dale Britton, Natalie P. Vance and Jason W. Schaff, Sacramento, for Defendant and Respondent C. Scott Whitten, Inc., in No. C058300., Law Offices of Robles & Castles, William A. Robles and Ranjani Ramakrishna, San Francisco, for Defendant and Respondent Monier Inc. in No. C059458., Anwyl, Scoffield & Stepp, Lindy H. Scoffield and Pamela A. Lewis, Rancho Cordova, for Defendant and Respondent REO Roofing Company in No. C059458.