Cappa v. Oscar C. Holmes, Inc.

Opinion

ELKINGTON, J.

Oscar C. Holmes, Inc., and City of San Mateo, defendants below, appeal from a judgment in favor of plaintiffs Claude L. Cappa and Angelina Bonnici.

The facts, viewed in a light most favorable to the plaintiffs (see Green Trees Enterprises, Inc. v. Palm Springs Alpine Estates, Inc. 66 Cal.2d 782, 784-785 [59 Cal.Rptr. 141, 427 P.2d 805]) follow.

Oscar C. Holmes, Inc., a contractor, was constructing a multi-level parking lot covering about three blocks for the City of San Matea A portion of the structure was completed and open for public use; other portions were still under…