Heppler

Heppler v. J.M. Peters Co.

Good Law
1999 Cal. App. LEXIS 724·73 Cal. App. 4th 1265·87 Cal. Rptr. 2d 497·99 Daily Journal DAR 8008·99 Cal. Daily Op. Serv. 6276
Court of Appeal of CaliforniaAugust 4, 1999D026292, D027470California11,873 words

Opinion

Opinion

Haller, J.

These two appeals arise from construction defect litigation involving a residential development in northeast San Diego, in which the developer, J.M. Peters Company, Inc. (Peters), as part of a global settlement, assigned its indemnification rights against nonsettling subcontractors to plaintiffs — a certified class of homeowners, including Charles Heppler. In the first appeal, plaintiffs appeal from a judgment entered after special verdicts that they take nothing from three of four nonsettling subcontractors whose contracts contained express indemnity clauses: Signs & Pinnick, Inc. (Signs); Art Torres Landscaping, Inc. (Torres); and Mueller-Lewis Concrete (Mueller). Plaintiffs also appeal the award of attorney fees and costs to the prevailing subcontractors. In the second appeal, the fourth subcontractor, Martin Roofing Company, Inc. (Martin), appeals the trial court’s award of attorney fees and costs in favor of plaintiffs. For the reasons to be explained, we affirm the judgments related to plaintiffs’ appeal. With respect to Martin’s appeal, we affirm in part and reverse in part and remand with directions.

Procedural and Factual Background

In 1986, Peters and three…

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