Lynch v. Peter & Associates etc. CA4/3

STATEMENT OF FACTS

Appellant Cheryl Lynch is the owner of residential real property located at 401 Avenida Arlena in San Clemente (the subject property).1 In the summer of 2015, the Lynches engaged a general contractor, Hutton Construction (Hutton), to perform two phases of home improvement construction and repairs on the subject property, as per plans prepared by architect Benjamin Stevens. The construction proposed was: a remodel of the

1 At all times relevant to the lawsuit in this case, and at the time of commencement of the action, appellant owned the property with her husband, Gregory, as trustees of The Lynch Family Trust dated August 29, 1997 (the trust). Unfortunately, Mr. Lynch passed away while the lawsuit was pending and thus, Mrs. Lynch (individually, and as trustee of the trust) is the sole appellant. Nevertheless, in describing many of the events that occurred while Mr. Lynch was alive, we will often refer to the Lynches as a couple for purposes of precision.

2 existing residence, building additions along the south and north sides of the existing residence, a site retaining wall along the northern property boundary, underpinning of the existing foundation along…