ACOSTA v. GLENFED DEVELOPMENT CORP.

Nos. B163118, B165374, B169517.

28 Cal.Rptr.3d 92 (2005)

128 Cal.App.4th 1278

Luis A. ACOSTA et al., Plaintiffs and Appellants, v. GLENFED DEVELOPMENT CORP. et al., Defendants and Respondents. Celestino Chaidez et al., Plaintiffs and Appellants, v. Glenfed Development Corp. et al., Defendants, Cross-Complainants and Appellants; Jensen Plastering, Inc. et al., Cross-Defendants and Respondents. Celestino Chaidez et al., Plaintiffs and Appellants, v. Glenfed Development Corp. et al., Defendants, Cross-Complainants and Appellants; Letner Roofing Co., Inc. et al., Cross-Defendants and Respondents.

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

Rehearing Denied May 17, May 18, and May 26, 2005.

Review Denied July 13, 2005.


Attorney(s) appearing for the Case

Law Offices of Freeman & Freeman and Lawrence P. Freeman, Woodland Hills, for Plaintiffs and Appellants.

Kabateck & Garris, Brian S. Kabateck, Penny J. Manship, Los Angeles; Law Offices of Ronald A. Hartmann and Ronald A. Hartmann, Tarzana, for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiffs and Appellants.

Kasdan Simonds Riley & Vaughan, Barry C. Vaughan, Irvine, and Nikola J. Bates, Dana Point, as Amicus Curiae on behalf of Plaintiffs and Appellants.

Ford, Walker, Haggerty & Behar, Shayne L. Wulterin, Maxine J. Lebowitz, Jeffrey S. Behar, Paul S. Cooley, Long Beach; Stephan, Oringher, Richman & Theodora, Harry W. R. Chamberlain II and Brian P. Barrow, Costa Mesa, for Defendants, Cross-Complainants and Appellants Glenfed Development Corp. and for Defendants and Respondents.

Cooper, White & Cooper, Kathleen F. Carpenter, Dee A. Ware, Walnut Creek; Luce, Forward, Hamilton & Scripps and Charles A. Bird, Sqan Diego, for California Building Industry Association and Building Industry Legal Defense Foundation as Amici Curiae on behalf of Defendants, Cross-Complainants and Appellants.

Newmeyer & Dillion and Gregory L. Dillion, Newport Beach, for Centex Homes, William Lyon Homes, Inc., Standard Pacific Corp., KB Home, Fieldstone Communities, Inc., and 396 Investment Company as Amici Curiae on behalf of Defendants, Cross-Complainants and Appellants.

Fred J. Hiestand, Sacramento, for Civil Justice Association of California as Amicus Curiae on behalf of Defendants, Cross-Complainants and Appellants.

Stanton, Kay & Watson and Lawrence H. Kay, San Francisco, for Construction Employers Association as Amicus Curiae on behalf of Defendants, Cross-Complainants and Appellants.

Bohl, Cole & Wohlgemuth, Woodland Hills, and Anthony B. Nixon, Oak View, for Cross-Defendant and Respondent Jensen Plastering, Inc.

Law Offices of Lydia Bouzalgou-Newcomb and Craig A. Holtz for Cross-Defendants and Respondents Jensen Plastering, Golden State Drywall, Inc. and Simpson's Finish Carpentry.

Walsworth, Franklin, Bevins & McCall, Stephen M. Nichols and Nyra M. Elsayess, Orange, for Cross-Defendants and Respondents Letner Roofing Company, Inc. and Vineyard Roofing, Inc.

Law Offices of Linda M. Libertucci, Brea, George W. Allen, Sarah Yoseloff; Horvitz & Levy, David M. Axelrad and Frank J. Menetrez, Encino, for Cross-Defendants and Respondents Keller Plaster, Inc., Builders Showcase Interiors, Falconer Insulation & Drywall and Superior Plumbing, Inc.

Summers & Shives, Robert V. Closson, Kellene J. McMillan and Lisa G. Shemonsky, San Diego, for California Professional Association of Specialty Contractors as Amicus Curiae on behalf of Cross-Defendants and Respondents Keller Plaster, Inc., Builders Showcase Interiors, Falconer Insulation & Drywall and Superior Plumbing, Inc.


CROSKEY, J.

In these consolidated appeals arising from a construction defect action, we are presented with issues relating to the application of Code of Civil Procedure, section 337.15.1 The plaintiffs seek reversal of a summary judgment granted to a developer/general contractor on the ground that the plaintiffs had filed their complaints more...

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