Confidential
Settlement – $825,000Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Facts
The plaintiff homeowners association named the developer and general contractor as defendants in the subject suit. The plaintiffs later amended the complaint to include numerous subcontractors as defendants, including the insulation company. The association initially claimed over $2 million in damage to common and adjacent areas and alleged a large number of construction-related deficiencies. Motion for summary judgment made on ground that there is no triable issue of material fact as to summary judgment sought because under California case law, and specifically Aas v. Superior Court (2002), 24 Cal. 4th 627, neither plaintiffs nor cross-complainants are entitled to recovery for the claim alleged against the insulation company, in this matter. The defendant asserts that plaintiffs have shown no actual harm caused by the insulation company. The plaintiffs present the declaration of Adam Posard stating that the improper installation of insulation by the insulation company has resulted in property damage.
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