Smoketree-Lake Murray, Ltd. v. Mills Concrete Construction Co.
California Court of Appeal
234 Cal. App. 3d 1724, 286 Cal. Rptr. 435 (1991)
- Written by Mary Phelan D'Isa, JD
Facts
Smoketree-Lake Murray Owners’ Association, Inc. sued Smoketree-Lake Murray, Ltd., and others (developers) (defendants) for damage to their condominium complex. Developers cross-claimed against several subcontractors that performed grading and concrete work at a condominium complex. The subcontractors defended, alleging that the developers’ fraud in misrepresenting and concealing information from condominium purchasers barred the developers’ indemnity claim. The court agreed and ordered a bifurcated trial. At trial, evidence was presented to show that some of the damage at the condominium complex was caused by soil movement and improperly constructed concrete slabs. The jury returned a verdict for the subcontractors. The developers appealed and argued that the trial court erred in finding that fraud barred the indemnity claim and that a juror’s misconduct in conducting an independent investigation with new evidence and the juror’s expression of the juror’s purported expertise in concrete construction practice required reversal.
Rule of Law
Issue
Holding and Reasoning (Kremer, J.)
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