OLIVER v. SUPERIOR COURT

Docket No. D009574.

211 Cal.App.3d 86 (1989)

259 Cal. Rptr. 160

MARK OLIVER et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; REGIS BUILDERS, INC., Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

May 31, 1989.


Attorney(s) appearing for the Case

COUNSEL

Winters & Atchley and Matthew R. Rutherford for Petitioners.

No appearance for Respondent.

Lorber, Grady, Farley & Volk and Waldemar D. Halka for Real Party in Interest.


OPINION

BENKE, J.

Regis Builders, Inc. (Regis), constructed a single-family residence in San Diego which was purchased by Mark and Lisa Oliver (Oliver). Sometime later, deficiencies began to appear and Oliver brought suit for negligence, breach of implied warranty, strict liability and negligent misrepresentation. A second amended complaint added a cause of action for fraud.

Regis brought a motion for summary adjudication...

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