Hampton Bay Court Assn. v. Storm/Western Dev.
sFiled 6/28/06 Hampton Bay Court Assn. v. Storm/Western Dev. CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
| HAMPTON BAY COURT ASSOCIATION, INC., Plaintiff and Appellant, v. STORM/WESTERN DEVELOPMENT, INC., Defendant and Respondent. | B184166 (Super. Ct. No. YC 048199) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Cary E. Nishimoto, Judge. Reversed and remanded with directions.
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Law Offices of William F. Clark and William F. Clark for Plaintiff and Appellant.
Wood, Smith, Henning & Berman, Stephen J. Henning and Nicholas M. Gedo for Defendant and Respondent.
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We reverse the summary judgment for the defendant developer in this construction defect action brought by the homeowners association of a townhouse complex.
BACKGROUND
Plaintiff Hampton Bay Court Association, Inc. (the Association), which consists of the residents of a 13-unit townhouse complex, contends that the entire complex suffers from numerous latent construction defects including water intrusion and leaks, improper installation of insulation and stucco, improper installation of deck rail walls and trim cap, mold, defective doors and windows, roof leaks, lack of weather stripping, and dry rot. On December 16, 2003, the Association sued the developer, defendant Storm/Western Development, Inc. (Storm), for strict liability, negligence, negligent misrepresentation, breach of warranty, breach of contract, and breach of fiduciary duty. Allegedly, Storm negligently failed to inform the original homebuyers of the complex's alleged latent construction defects and deficiencies, including â€
