EL ESCORIAL OWNERS' ASS'N v. DLC PLASTERING

No. B173829.

65 Cal.Rptr.3d 524 (2007)

154 Cal.App.4th 1337

EL ESCORIAL OWNERS' ASSOCIATION et al., Plaintiffs and Appellants, v. DLC PLASTERING, INC., et al., Defendants and Appellants.

Court of Appeal of California, Second District, Division Six.

September 6, 2007.


Attorney(s) appearing for the Case

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

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.


GILBERT, P.J.

Defendants are found liable for negligence in a multiparty construction defect case. The trial court gives them partial credits for their damages paid in good faith settlements before trial by jointly liable defendants. This assures a fair and appropriate distribution of damages. Plaintiff does not receive a double recovery. Nor do the nonsettling defendants bear a disproportionate share of damages. The...

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