Nelson v. Gorian & Associates, Inc.
Opinion
Opinion
Yegan, J.
— Leighton Nelson and Lynn Nelson appeal from a judgment entered after the trial court ruled that their complaint for soil subsidence damages was barred by the 10-year statute of limitations. (Code Civ. Proc., § 337.15.) We affirm. The action was filed more than 10 years after the work of improvement, i.e., a specific graded lot, was substantially completed. (§ 337.15, subds. (a), (g).)
Facts
Appellants, Leighton Nelson and Lynn Nelson, own a residence at 415 Vista Del Campo, Camarillo. The legal description of the property is “Lot 21 of Tract 3893.”
Appellants purchased the lot in 1988 from United Citrus Development Company (United). It was part of a “lots only” development in which United graded and sold the lot to appellants for construction of a single-family residence. Three years before the sale, United hired a civil engineer, Gannfors & Associates, Inc. (Gannfors), a soils engineer, Gorian & Associates, Inc. (Gorian), and a grading subcontractor, D.W. Burhoe Construction, Inc. (Burhoe), to design and grade the lot.
On April 5, 1996, appellants filed suit against respondents United, Gannfors, Gorian, and Burhoe, for subsidence damages. Respondents claimed that…