Cascade Gardens Homeowners Ass'n v. McKellar & Associates

Opinion

TODD, J.

Cascade Gardens Homeowners Association (Cascade) appeals an order granting summary judgment in favor of McKellar & Associates (McKellar).

Cascade contends the trial court erred since (1) evidence of estoppel was not negated; (2) the allegations of willful and fraudulent conduct rendered the statute of limitations defense inapplicable to the present case; and (3) the repairs constituted an improvement within the meaning of Code of Civil Procedure 1 section 337.15 and thus the action is not barred.

Cascade correctly states the rule that repairs toll the statute of limitations, but…