MAYER v. C.W. DRIVER

No. B114327.

120 Cal.Rptr.2d 535 (2002)

98 Cal.App.4th 48

Eleanor C. MAYER et al., Plaintiffs and Appellants, v. C.W. DRIVER et al., Defendants and Appellants; Acacia Construction, Inc., Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

Review Denied August 14, 2002.


Attorney(s) appearing for the Case

Shernoff, Bidart, Darras & Arkin and Sharon J. Arkin, Newport Beach, for Plaintiffs and Appellants.

Everett W. Maguire Law Corporation, Everett W. Maguire, and Jeffrey D. Pearlman, Los Angeles; Lincoln, Gustafson & Cercos, Randall Gustafson, San Diego, and Andrew D. Herold, for Defendants and Appellants C.W. Driver, a partnership, and C.W. Driver, Inc., a corporation.

Wood, Smith, Henning & Berman, Stephen J. Henning, Rancho Cucamunga, Anthony H. Son and Stacey Friedman Blank, for Defendant and Respondent Acacia Construction, Inc.


CHARLES S. VOGEL, P.J.

INTRODUCTION

In 1984 and 1985, respondents C.W. Driver, a partnership, and C.W. Driver, Inc., a corporation (collectively, Driver) constructed an apartment building in Orange County for Huntington Breakers Apartments, Ltd., a limited partnership (HBAL). At the time, appellant Joseph Mayer III (Mr. Mayer) was a general partner of HBAL, and appellant Eleanor C. Mayer, his wife (Mrs. Mayer), was a limited partner. In 1985 Driver stopped...

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