The firm represented a construction manager in defense of a cross-complaint filed by a prime trade contractor. The prime trade contractor sought damages from the client for fraud, intentional interference with a contract, interference with business, equitable indemnity, express indemnity and implied indemnity related to the processing and payment of deductive change orders related to the prime trade contractor’s work.
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The firm filed two demurrers, obtaining dismissal of all indemnity and fraud claims. After eliminating more than half of the prime trade contractor’s causes of action through demurrer, the case was settled at mediation without payment by the firm’s client.
San Diego Superior Court Case No. 37-2012-00052831-CU-BC-NC
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Counsel: P. Randolph Finch Jr. and Andrea L. Petray