Ajamian

I. BACKGROUND

A. Underlying Action The underlying action arose as a property dispute between neighboring landowners who were also parties to a failed construction contract. Until June 2005, the Ajamians and Terzian-Feliz enjoyed a mutually friendly and neighborly relationship. When Terzian-Feliz wanted to remodel part of her home, she asked Vartan Ajamian for advice about her plans. Vartan Ajamian was a licensed contractor and the principal of a construction company known as Ajamian Enterprises, Inc. (AEI). He suggested ways in which she could lower her overall costs. She decided to engage AEI in part, because she trusted her friends, the Ajamians. (Terzian-Feliz v. Ajamian, supra, A119333.) On June 3, 2005, Terzian-Feliz entered into a formal construction agreement with AEI to remodel the dining room, kitchen, and exterior decks of her home. When the work started, the AEI workers used a bathroom at Terzian-Feliz’ s house as needed. After a few days, she grew concerned that the workers were damaging her carpets. At her request, Vartan Ajamian arranged for a portable toilet for their use. The toilet was placed in a location that required a truck to use Terzian-Feliz’s concrete…