Sacks

FACTS AND PROCEDURAL HISTORY

Sacks’s original complaint alleged she purchased a home from Martin and Nicole Hennessy. According to the complaint, SFS and Suer completed construction of the home for the Hennessys. After buying the home, Sacks discovered numerous problems relating to water intrusion, drainage, mold, grading, the roof, and the foundation. The bulk of the complaint’s eight causes of action sought recovery against the Hennessys. However, Sacks also sued SFS and Suer for damages in two counts; the sixth cause of action, brought under the Right to Repair Act (Civ. Code, § 895 et seq.), and the seventh cause of action for negligence. Sacks alleged “one or both of [SFS and Suer] was the general contractor who constructed the Property,” and the home’s defects resulted from the failure to properly build it. Suer and SFS jointly answered the

2 complaint and also filed a cross-complaint against several subcontractors for contribution and indemnity. After Suer moved for summary judgment, claiming “he never, in his personal or individual capacity, entered into a contract with nor performed any construction work for the Hennessys,” Sacks was granted permission to file a first…