Sarnecky

I.

INTRODUCTION

Plaintiff James Sarnecky, together with a putative class of other homeowners in

the Seahaus La Jolla condominium project (the Seahaus project), appeal from a judgment

in favor of defendant Barratt Developments, PLC (Barratt), a British homebuilding

company, after the trial court sustained Barratt's demurrer to the plaintiffs' sixth amended

complaint (6AC).

The putative class action seeks redress over the allegedly fraudulent marketing and

sale of condominiums that the plaintiffs claim were defectively constructed. The

plaintiffs also named the developer, architect, general contractor, engineer, framing beam

supplier, and numerous lenders who financed mortgages used to purchase the allegedly

defective units, in the 6AC. The main thrust of the 6AC is that the defendants defrauded

the plaintiffs into purchasing condominium units at prices that exceeded the true value of

the units, and that the true value of the units was substantially less than the price the

plaintiffs paid due to poor construction practices and defects in the resulting construction.

The 6AC alleges three causes of action against Barratt: intentional…