Betancourt

FACTS AND PROCEEDINGS

The lawsuit began in May 2009 when Ruben Betancourt and over 70 other homeowners sued Bella Vista Estates, Laurel Tree Homes, Inc., and Lambeth Construction of California, Inc. (Developers) for defective construction of homes located in Parlier, California. The plaintiffs alleged causes of action for (1) strict liability, (2) negligence, (3) nuisance, (4) breach of warranty, (5) negligent failure to disclose, (6) negligent misrepresentation, and (7) negligent infliction of emotional distress. Developers, in turn, filed a cross-complaint for indemnification against many of the contractors, subcontractors, and suppliers involved in the construction of the homes. One of the cross-defendants was Builders Concrete, Inc. (Builders). Builders hired the law firm of Monteleone & McCrory, LLP (Objector) to represent it in the lawsuit. In November 2011, Builders filed an answer to Developers’ cross-complaint that asserted (1) the concrete supplied by Builders was furnished in compliance with a third

1All statutory references are to the Code of Civil Procedure unless otherwise stated.

2. party’s specification and (2) some third party may have required water to be…