O'Toole

INTRODUCTION

This is an appeal and cross-appeal from judgment rendered by a judicial referee on construction defect claims. All issues presented involve damages. We affirm with one modification.

BACKGROUND

The plaintiffs in the underlying action are Rosemary O’Toole (O’Toole) and 611 Stratford Court, LLC (Zable) (collectively, plaintiffs). They each own one of the two condominium units in a residential building at 611 and 613

Stratford Court, Del Mar.1 The building was originally owned, built, and developed by Oceanview Cottages, LLC; Pacific Stratford Three, LLC; Pacifica Construction CA, Inc.; and Stratford Del Mar, Inc. (collectively, defendants). In May 2020, plaintiffs filed suit against defendants asserting the condominium units were “not properly constructed to prevent water from entering though walls, roofs, decks, windows, and foundations, allowing water to enter the buildings[.]” In October 2020, the parties submitted the controversy to judicial reference by stipulation. Relevant here, the statement of claims submitted for adjudication included claims for (1) negligence,

(2) violation of the building standards set forth in Civil Code section 896,2 (3) negligent…