Cascade Gardens Homeowners Ass'n v. McKellar & Associates

Cascade Gardens Homeowners Association (Cascade) appeals an order granting summary judgment in favor of McKellar & Associates (McKellar).

Cascade contends the trial court erred since (1) evidence of estoppel was not negated; (2) the allegations of willful and fraudulent conduct rendered the statute of limitations defense inapplicable to the present case; and (3) the repairs constituted an improvement within the meaning of Code of Civil Procedure section 337.15 and thus the action is not barred.

Cascade correctly states the rule that repairs toll the statute of limitations, but erroneously included this rule in its estoppel argument. However, since the undisputed facts show McKellar undertook roof repairs between January 1974 and April 1974, we hold the statute of limitations was tolled during those four months. Therefore, Cascade’s complaint was filed within the statutory period, and we reverse the summary judgment.

Facts and Procedural Background

In approximately 1972 and 1973, McKellar developed the Cascade Gardens Condominiums and filed its notice of completion on July 13, 1973. Soon after the homeowners moved into the condominiums, Cascade notified McKellar of…