California Court of Appeal

In this case, plaintiff purchased a resident from defendant Wells, filed a complaint in 2006 regarding alleged construction defects, and settled the dispute by written agreement, with plaintiff executing a release and a Civil Code section 1524 waiver of all known or unknown claims. Plaintiff brings this action against defendants, including Wells, based on an alleged defect in the roof that plaintiff discovered in 2011. Summary judgment in favor of defendants is affirmed, where: 1) the trial court properly granted summary judgment in favor of defendants Wells and American Contractors based on the express language of the 2006 settlement; and 2) plaintiff’s appeal as to defendant Hatch is ineffective.

Appellate Information

• Decided 02/17/2015
• Published 02/17/2015

Judges

• Kriegler

Court

• California Court of Appeal

Counsel