STONEGATE HOMEOWNERS ASS'N v. STABEN

Nos. B178286, B179492, B182069.

50 Cal.Rptr.3d 709 (2006)

144 Cal.App.4th 740

The STONEGATE HOMEOWNERS ASSOCIATION, Plaintiff and Appellant, v. T.A. STABEN, Defendant and Respondent; R & R Palacios Construction, Inc., Movant and Appellant. R & R Palacios Construction, Inc., Cross-complainant and Appellant, v. T.A. Staben, Cross-defendant and Respondent.

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

November 7, 2006.


Attorney(s) appearing for the Case

Robertson & Vick, Jonathan S. Vick and Robert Nation, Calabasas, for Plaintiff and Appellant.

Horvitz & Levy, Curt Cutting and Daniel J. Gonzalez, Encino; Bremer Whyte Brown & O'Meara, Matthew J. Eschenburg, Keith G. Bremer and Raymond Meyer, Jr., Newport Beach, for Movant and Appellant and for Cross-complainant and Appellant.

Sabaitis O'Callaghan, Frank T. Sabaitis, Los Angeles, and Louis R. Chao for Defendant and Respondent and for Cross-defendant and Respondent.


DOI TODD, J.

In this construction defect case, the general contractor hired a subcontractor to waterproof retaining walls and install back drains in a large residential development. After discovering seepage and drainage problems, the homeowners association sued the general contractor and the subcontractor for negligence. During a jury trial, the subcontractor's motion for nonsuit was granted and judgment was entered...

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