Foundation Engineers, Inc. v. SUPERIOR COURT OF SANTA CLARA CTY.

Good Law
19 Cal. App. 4th 104·1993 Cal. App. LEXIS 996·23 Cal. Rptr. 2d 469·93 Daily Journal DAR 12583·93 Cal. Daily Op. Serv. 7451
Court of Appeal of CaliforniaOctober 1, 1993H011398California3,122 words

Opinion

Opinion

Wunderlich, J.

1. Introduction

We determine below a question of first impression: What is the proper venue for an action based on the negligent design and construction of a building?

Petitioners Foundation Engineers, Inc., and The Twining Laboratories, Inc., seek a statutory writ of mandate following denial of a motion to change venue to the county where the buildings are located. We will grant the writ for reasons stated below.

2. Trial court proceedings

On July 9, 1991, plaintiff Olivewood I Professional Offices Owners Association (property owner) filed a complaint in Santa Clara County alleging the following. Property owner is an association that owns an office condominium project (the buildings) located in the City and County of Merced, California. Numerous defendants, including petitioners, negligently designed and constructed the buildings, which are now defective and require restoration. “Among [the] defective conditions ... are the following . . . : []]] Defects in soil preparation and foundation construction, undermining the structural integrity and longevity of the buildings.” As a result of the defective work, “the value of the subject property and structures has been…

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