Elissagaray v. Venice Tile and Marble CA3
Annette and Roger Elissagaray filed a lawsuit asserting construction defects in their home. The trial court determined the negligence and declaratory relief claims were time-barred and granted summary judgment for the moving defendants.
Annette now contends (1) the trial court should have considered statements contained in declarations filed by the Elissagarays in opposition to summary judgment; (2) there were triable issues of fact about when the limitations period was triggered; (3) even if the limitations period was triggered, it was equitably tolled; and (4) the builder’s principal is individually liable for negligence.
We will affirm the judgments.
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