Micah Investment Trust v. Atkinson CA1/2

STATEMENT OF THE CASE AND FACTS

Since December 2009, appellant has been the owner of real property at 3872 Ciarlo Lane in Vacaville, California (the Micah property), which borders real property owned by Carl Walther (the Walther property). In 2008, when the Micah property was owned by the now-dissolved Micah Investments, Inc. (Micah), Micah sued Walther, Gateway Solutions, Inc. (Gateway), and other defendants (collectively the Walther defendants), alleging they had damaged the Micah property by “trespassing, cutting roads, and committing other violations, and using it as their own.” In an effort to resolve the lawsuit, the Walther defendants agreed to perform work to repair and remediate the damage to the Micah property (the Project). For this purpose,

1 in 2009, the Walther defendants retained Foulk Gomez & Associates, Inc. (Foulk), civil engineer and surveyor; Materials Testing, Inc., doing business as KC Engineering (MTI), geotechnical engineer; and Brett Atkinson (Atkinson), construction contractor. The Project was substantially completed by the end of October 2009 but “numerous patent defects and deficiencies continued to remain.” These defects allegedly caused flooding,…