Keru Investments, Inc. v. Cube Co.

CHARLES S. VOGEL, Presiding Justice.

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 Lerner, F. Nooravi and appellant "Cube Construction Company," [1] for waste, intentional damage and destruction of property, negligent destruction of property, professional negligence, negligence, and conspiracy to commit waste. The only claims asserted against GL & Associates, George Lerner, Nooravi, and Cube Company were the two claims for professional negligence and negligence.

The principle 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 Lerner 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…