Kim

I. FACTS AND PROCEDURAL BACKGROUND

A. Factual Background 4 Kim purchased real property located in a wooded area of Los Gatos (property). 5 Kim and Truong planned to build a home and a bridge on the property. As part of the project, they sought to remove some trees, including a large eucalyptus tree (the eucalyptus). 6 The eucalyptus straddled the property line between their property and the property of their neighbor, Joan Todd. Kim and Truong did not at first understand that the eucalyptus was partially on Todd’s property and that they needed her permission to remove it. They assumed they could remove the eucalyptus because they had received permits from the county to do so. In February 2015, Truong and Kim first met with Wong to discuss hiring TWA as the general contractor to build their home. Wong was TWA’s owner, an experienced contractor, and served as Kim and Truong’s only point of contact with TWA during the events at issue here. TWA held a Class A (general engineering) and Class B (general building) license during all relevant times. Truong recalled showing Wong the eucalyptus in February 2015 and telling him they wanted it removed. Wong and Kim executed a written…