Friendly Village Community Ass'n v. Silva & Hill Construction Co.

This is an appeal by the plaintiff from an order dismissing its action as to defendant Silva & Hill Construction Co., entered after the trial court sustained defendant’s general demurrer to the complaint without leave to amend.

On October 12, 1971, Friendly Village Community Association, Inc., No. IV, filed its verified complaint for alleged damage to real property based upon theories of negligence and strict liability. Named as defendants were seven corporations, including Silva & Hill Construction Co., plus two individuals and 50 “Does.”

The complaint alleged: plaintiff is a non-profit California corporation organized and existing for the express purpose of administering, maintaining and repairing the common areas of a condominium located in Los Angeles County and known as “Friendly Valley Development No. 4”; a recorded declaration of covenants, conditions and restrictions pertaining to the condominium requires plaintiff to repair the common areas of the condominium; defendants “designed, produced, developed, engineered and-manufactured” the lots and appurtenant residences comprising the condominium for the purpose of sale to the general public; the lots and…