Los Angeles Office Prevails on Demurrer and Motion to Strike In Construction Defect Case

December 21, 2020

Shareholder Norma P. Chavez and Associate Nicholas I. Myers in our Los Angeles office were successful in a demurrer and motion to strike filed by multiple plaintiffs in a significant construction defect case.  The motions were filed under California Business & Professions Code Section 7031, which limit the recovery of compensation paid to an unlicensed contractor, and we successfully argued that our client was validly licensed under the statutory scheme.  We further argued that plaintiff failed to properly plead promissory fraud with the required particularity under California law, specifically, that allowing a contractor to choose the workers and subcontracts to perform work is common in the construction industry.  The motion to strike was granted as to plaintiffs’ claim for punitive damages and plaintiffs’ allegations did not rise to the level required under California Civil Code Section 3294.

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Norma P. Chavez is a Shareholder in the Firm’s Los Angeles office and member of the Firm's Employment and Real Estate Practice Groups, as well as Co-Chair of the Firm’s Construction Practice Group.  Ms. Chavez can be reached at (213) 489-4411 or by email at nchavez@ericksenarbuthnot.com.

Nicholas I. Myers is an Associate in the Firm’s Los Angeles office and a member of the Firm’s Professional Liability, Construction, Employment, Real Estate and Product Liability Practice Groups.  Mr. Myers can be reached at (213) 489-4411 or by email at nmyers@ericksenarbuthnot.com.

Ericksen Arbuthnot is celebrating its 70th year of service in California to both in our in-state and out of state clients.  Our litigators in our six offices throughout the state have extensive experience in handling not only construction defect cases, but in a multitude of practice areas.  For more information on the Firm or our attorneys, please go to www.ericksenarbuthnot.com.