HENSEL PHELPS CONSTRUCTION CO. v. SUPERIOR COURT

No. D076264.

44 Cal.App.5th 595 (2020)

HENSEL PHELPS CONSTRUCTION CO., Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; SMART CORNER OWNERS ASSOCIATION, Real Party in Interest.

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

January 22, 2020.


Attorney(s) appearing for the Case

Lorber, Greenfield & Polio, Bruce W. Lorber , Robert B. Titus ; McCormick, Barstow, Sheppard, Wayte & Carruth and Scott M. Reddie for Petitioner.

Finch Thornton & Baird, P. Randolph Finch, Jr. , and Daniel P. Scholz for Associated General Contractors of America, San Diego Chapter, as Amicus Curiae on behalf of Petitioner.

Hirsch Closson and Robert V. Closson for California Professional Association of Specialty Contractors as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Epsten Grinnell & Howell, Anne L. Rauch , Trinette S. Sachrison , Gordon A. Walters ; Kasdan Lippsmith Weber Turner, Kenneth S. Kasdan , Michael D. Turner and Brittany L. Grunau for Real Party in Interest.


OPINION

Petitioner Hensel Phelps Construction Co. (Hensel Phelps) is a defendant in construction defect litigation filed by plaintiff and real party in interest Smart Corner Owners Association (Smart Corner). Hensel Phelps filed a motion for summary judgment contending, among other things, that Smart Corner's claims...

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