Appellate Practice: Developer v. Settling Subcontractor
Hardiman & Carroll’s appellate practice came away with another win recently when the developer defendant in a construction defect action took issue with the settlement reached between plaintiff homeowners association and Hardiman & Carroll’s subcontractor client. Upon reaching resolution directly with the plaintiff, Hardiman & Carroll filed a Motion for Good Faith Settlement, which was granted by the court.
Developer’s counsel sought reconsideration on several grounds and the trial court reaffirmed its finding that the settlement was in good faith. Developer’s counsel thereafter filed a Petition for Writ of Mandate regarding the good faith settlement determination. Upon review of the opposition brief prepared by Lauren O’Brien, the Fifth Appellate District summarily denied the petition without a request for oral argument.