Sarnecky v. D’Amato Conversano, Inc. CA4/1
Current and former owners of 33 condominiums in the 138-unit Seahaus common interest development in La Jolla, California sued the structural engineer, builder, and other entities after they learned about common-area construction defects caused during the building phase. Plaintiffs claimed they purchased their units relying on certain representations about the quality of construction. D'Amato Conversano, Inc. (DCI), the structural engineer, moved for summary judgment on the ground that plaintiffs had expressly assigned their claims to the Seahaus La Jolla Owners Association (the HOA) and therefore lacked standing. Pointing out that the HOA had sued over the same defects, DCI further argued plaintiffs were engaging in improper claim splitting. The trial court agreed and entered summary judgment. Plaintiffs contend the trial court misconstrued their claims and assert that they seek to recover only damages to their individual units.
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