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Victory On A Motion For Summary Adjudication Re: Duty To Defend In A Residential Construction Defect Action

Partners Jessica Moran and Drew Wagner-Weir successfully filed and litigated a motion for summary adjudication, resulting in a favorable ruling and ultimately bringing about the resolution of a complex construction defect action.  Over 50 plaintiff homeowners sued a developer for alleged construction defects.  The developer, a national homebuilder represented by this firm, cross-complained against subcontractors.  Ultimately, this office secured the dismissal of dozens of homeowners from the action.  When the subcontractors refused to acknowledge any obligations to the developer, this office filed a motion for summary adjudication on the subcontractors’ duty to defend the developer.  In response, almost all the subcontractors settled with the developer, but a few holdouts tried to contest the motion.  The court ruled against them, prompting the remaining holdouts to settle, and bringing about the end of a years-long complex action.