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HEPPLER v. J.M. PETERS CO.

Nos. D026292, D027470.

87 Cal.Rptr.2d 497 (1999)

73 Cal.App.4th 1265

Charles HEPPLER et al., Plaintiffs and Appellants, v. J.M. PETERS COMPANY, INC., Defendant, Cross-Complainant and Respondent; Signs & Pinnick, Inc., et al., Cross-Defendants and Respondents. Charles Heppler et al., Plaintiffs and Respondents, v. Martin Roofing Company, Inc., Defendant and Appellant; J.M. Peters Company, Inc., Defendant and Respondent.

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

Review Denied October 20, 1999.

Attorney(s) appearing for the Case

Perwich, Goff, Karavatos, Daniel J. Perwich; Duke, Gerstel, Shearer & Bregante and Michelle Le Roux Burton, San Diego, for Plaintiffs and Appellants and for Plaintiffs and Respondents.

Hawkins, Schnabel, Lindahl & Beck and Timothy A. Gonzales, Los Angeles, for Defendant and Appellant Martin Roofing Company, Inc.

Shifflet, Kane & Konoske, Gary P. Sinkeldam and Amy E. Volk, Los Angeles, for Defendant, Cross-Complainant and Respondent and for Defendant and Respondent J.M. Peters Company, Inc.

Parker & Stanbury, Timothy D. Lucas, San Diego; Mower, Koeller, Nebeker, Carlson & Haluck and Robert C. Carlson, Yuma, AZ., for Cross-Defendant and Respondent Signs & Pinnick, Inc.

Borton, Petrini & Conron and Steven M. Shewry, San Diego, for Cross-Defendants and Respondents Mueller-Lewis Concrete and Martin Roofing Company.

Elisa J. Nemeth, San Diego, for Cross-Defendant and Respondent Art Torres Landscaping, Inc.

HALLER, J.

These two appeals arise from construction defect litigation involving a residential development in northeast San Diego, in which the developer, J.M. Peters Company, Inc. (Peters), as part of a global settlement, assigned its indemnification rights against nonsettling subcontractors to plaintiffs—a certified class of homeowners, including Charles Heppler. In the first appeal, plaintiffs appeal from a judgment entered after special verdicts that they...

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