Judge: Olivia Rosales, Case: 20NWCV00605, Date: 2022-08-30 Tentative Ruling

Case Number: 20NWCV00605    Hearing Date: August 30, 2022    Dept: SEC

GALVANCO BUILDERS v. MOORE, et al.

CASE NO.:  20NWCV00605

HEARING:  8/30/22 @ 9:30 AM

JUDGE:  OLIVIA ROSALES

#1

TENTATIVE RULING

The court will hear from the parties.

Cross-Defendant VTA Consulting Engineers, Inc. generally demurs to cross-complaint and all causes of action.

This is an action for indemnity and contribution filed by Plaintiff Galvanco Builders against Defendants Roger Moore, L-A Electric, Catt Plumbing, Inc., and VTA Consulting Engineers.  In 2017, Galvanco was hired by Monarch Trading, LLC and Fiesta Foods, LLC (collectively Monarch) to build several cooler rooms.  Galvanco retained Defendants to act as subcontractors for various fields of specialty work on the Project.  In 2019, severe cracking in the concrete slab of the freezer room resulted in Monarch instructing Galvanco to stop work on the project.  Galvanco and Monarch settled for $1,000,000.00.  Galvanco now asserts the following causes of action against the subcontractors:

1.    Implied and Equitable Indemnity

2.    Contribution

3.    Breach of Implied Warranties

4.    Negligence

5.    Breach of Oral Contract

6.    Declaratory Relief

Lawrence Moore filed a Cross-Complaint against L-A Electric, Catt Plumbing, Inc., and VTA Consulting Engineers, asserting causes of action for:

1.    Indemnity

2.    Contribution and Apportionment

3.    Declaratory Relief

VTA contends that Lawrence Moore failed to file a Certificate of Merit in accordance with CCP § 411.35; the claims are barred by the Economic Loss Doctrine, and VTA owes no duty because it is not in privity of contract with Lawrence Moore.

In opposition, Lawrence Moore requests leave to amend to file a Certificate of Merit, address the deficiencies cited by VTA, and to add allegations of defective work caused by VTA. 

The court is inclined to sustain VTA’s demurrer with 10 days leave to amend.  However, the court notes that VTA’s Notice of Non-Opposition requests leave to file a reply for defective service of the opposition.  If VTA still wishes to file a reply, the court will grant the request, and continue the hearing to Tuesday, September 6, 2022, at 1:30 pm in Dept. C.

The court will hear from the parties.