Rancho Solano Master Ass'n. v. Amos & Andrews, Inc.

Amos & Andrews, Inc., a general construction company, was sued by the Rancho Solano Masters Association (RSMA) for improper remediation of landslides at the Rancho Solano housing development. In this consolidated appeal, Amos & Andrews appeals the jury’s findings of liability and allocation of fault with regard to two of 13 landslides for which Amos & Andrews was found liable. The landslides occurred in subdivision units owned by homebuilders Emerald Homes (Emerald) and the Marker Group. Emerald and the Marker Group, who were found strictly liable for defective property conditions, cross-appeal. Both the Marker Group and Emerald claim the court erred in denying their claims of express indemnity against Amos & Andrews and by limiting their attorney fees. Additionally, Emerald claims the court erroneously denied it expert witness fees.

We dismiss the appeal of Amos & Andrews, concluding that Amos & Andrews waived its right to appeal liability as a result of its full satisfaction of judgment with RSMA. As to appeals of the Marker Group and Emerald, the court abused its discretion in its allocation of attorney fees. We reverse and remand the matter for a redetermination of…