Fleck

A land developer sells a lot which contains a residential building pad. The lot is eventually sold to a builder who constructs a house on the pad. Plaintiff buys the house. The house suffers damage from subsidence. The 10-year statute of limitations prevents plaintiff from suing the developer. Plaintiff sues the builder. The builder cross-complains for indemnity against the developer.

May builder assign its cross-complaint to plaintiff? Yes. May the trial court award damages on the cross-complaint directly to plaintiff? Yes.

Here the trial court ruled that plaintiff is entitled to judgment as an assignee of a party’s cross-complaint for equitable indemnity. We affirm.

Facts

The Bollinger Home Corporation, Inc. (the Bollinger parties) built a custom warranted home for Richard B. Fleck and Elizabeth Fleck (Fleck) on a building pad developed by the Prudential Insurance Company of America (Prudential) in the 1970’s. Prudential left uncompacted fill on the lot causing cracking and other damage to the home.

In 1992, Fleck sued the Bollinger parties, Prudential and others for the damage. Prudential moved for summary judgment on Fleck’s complaint asserting that the 10-year…