Liptak

The home of appellants George P. Liptak and Virginia M. Liptak was damaged by earth movements. Appellants brought suit to recover for such damages and among the defendants sued appellants named P. R. C. Toups Engineering, Inc. (Toups) and Donald R. Warren Company (Warren), each of whom were involved in the grading and filling of the slope that moved and caused the damage. Toups and Warren demurred to the complaint on the ground that it was barred on its face by the statute of limitations, Code of Civil Procedure, section 337.15. The demurrers were sustained and judgments of dismissal were entered as to both Toups and Warren. Appellants appeal from the judgment of dismissal.

Facts

In 1966 Puente Knolls Development Company undertook the development of tract 27920. Toups and Warren were each involved in the grading, filling, and maintaining of the slopes of the tract. Such work was completed during 1967; however, substantial completion of the homes and housing tract did not take place until June 1972.

Appellants purchased a home in tract 27874 which was located below tract 27920. Warren was also involved in the grading and maintaining of the slopes in tract 27874. About…