Keru Investments, Inc. v. Cube Co.

Good Law
1998 Cal. App. LEXIS 437·63 Cal. App. 2d 1414·63 Cal. App. 4th 1412·74 Cal. Rptr. 2d 744·98 Daily Journal DAR 5257
Court of Appeal of CaliforniaMay 19, 1998B107871California5,009 words

Opinion

Opinion

Vogel, J.

Factual and Procedural Background

Respondents Keru Investments, Inc., and Viljo Kaila brought suit against Sam, Lev, Julia and Elena Moross, Sam, Victor and Ala Dorodny, Lada Company, Gardena Recycling Center, Inc., GL & Associates, George Lemer, F. Nooravi and appellant “Cube Constmction Company,” for waste, intentional damage and destmction of property, negligent destruction of property, professional negligence, negligence, and conspiracy to commit waste. The only claims asserted against GL & Associates, George Lemer, Nooravi, and Cube Company were the two claims for professional negligence and negligence.

The principal facts leading to the lawsuit are undisputed. Respondent Kaila was the owner of a 35-unit apartment building located in Hollywood. He sold the property to the Morosses, the Dorodnys, and Lada Company (hereafter referred to as the Moross Group) in September of 1985, taking back a deed of trust.

In 1988, while the Moross Group owned the building, they hired George Lemer of GL & Associates to engineer a seismic retrofit for the building. Thereafter, Cube Company was retained as the general contractor to perform the seismic retrofit construction work.

On…

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