Santos v. RMA Group
Plaintiffs appeal from the trial court's judgment dismissing plaintiffs' complaint against defendants RMA Group, a geotechnical consulting firm, and geologists Gary Wallace and Elvis Duane Lyon after sustaining their demurrer to plaintiffs' second amended complaint. Plaintiffs purchased a lot from Long Pham and Hoa Pham, relying on representations that the property was graded properly and ready to build on. The lot, however, required additional grading and, as a consequence, new architectural plans. Plaintiffs filed an action against the Phams, their realtors, RMA, and other defendants. RMA filed a demurrer on various grounds, including that the 10-year statute of limitations barred plaintiffs' causes of action. RMA had performed its analysis and produced a grading report about 12 years before plaintiffs filed the current action.
On appeal, plaintiffs argue that the statute of limitations does not apply because RMA's conduct amounts to intentional misconduct or fraudulent concealment under Code of Civil Procedure section 337.15, subdivision (f). Because plaintiffs failed to state an adequate claim for fraud, court conclude that the trial court properly sustained the demurrer based on the 10-year statute of limitations.
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