Kirby

John-Patrick Kirby and his wife, Susan R. Kirby, appeal from a summary judgment entered against them in their action against Albert D. Seeno Construction Company (hereafter Seeno). We conclude that the superior court construed the allegations of the complaint too narrowly and reverse.

Procedural and Factual Background

Appellants purchased a home from Seeno in April of 1982. Paragraph six of the unverified complaint against Seeno, filed December 21,1987, alleged: “On or about May 15, 1982, and continuing, plaintiffs discovered damage to the residence, including but not limited to foundation movement, settlement, cracking, separation in exterior concrete flatwork, distortion, weakening to the residence as well as damage to the garage slab and driveway . . . .” The complaint alleged that Seeno’s agents falsely represented that the residence was constructed on a “cut lot” with no more than 2 feet of fill. In fact, the residence was on 8 to 16 feet of improperly compacted fill, which eventually caused major foundation movement.

On June 27, 1991, Seeno filed a motion for summary judgment based on the statute of limitations. The only support for the motion was the language of…