Hillcrest-Thousand Oaks v. DSD Construction
Owner-builder Hillcrest-Thousand Oaks Associates (Hillcrest) filed a breach of contract action against contractor DSD Construction, Inc. (DSD) and DSD's surety, Insurance Company of the West (ICW) for failure to complete the engineering and site work for a residential development. After a jury trial, judgment was entered awarding damages to Hillcrest in February 2000. This is the third appeal following that judgment.
In this third appeal, DSD and ICW contend that the trial court's ruling that Hillcrest qualified for the section 7044, subdivision (b) exemption was contrary to the law of the case and to the evidence. Court affirm.
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