Ganson

The Oak Park Calabasas condominium complex was damaged in the 1994 Northridge earthquake. The homeowners’ association executed a contract with plaintiff ECC Construction, Inc., to repair the common areas and the individual units. None of the homeowners were signatories to the contract. A dispute arose as to the amount due ECC Construction under the contract.

In July 1995, ECC Construction filed this action against the association and the homeowners (approximately 300 in number), seeking to recover over $2 million allegedly due under the contract. The complaint alleged causes of action against all defendants for breach of contract, fraud, foreclosure of mechanic’s lien, recovery for reasonable value of services rendered, and wrongful retention of proceeds (Civ. Code, § 3260).

The homeowners moved for summary judgment on the ground that they were not parties to the contract. The trial court granted the motion, leaving the association as the sole defendant. ECC Construction has appealed. We affirm.

Discussion

Summary judgment is appropriate if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to…