Tomko Woll Group Architects, Inc. v. Superior Court

Opinion

KITCHING, J.

Introduction

Plaintiff sustained injuries more than five years after substantial completion of a real property improvement on which petitioner performed work. Relying on the four-year limitations period in Code of Civil Procedure section 337.1 1 , petitioner seeks a writ of mandate directing the Los Angeles County Superior Court to vacate its ruling denying petitioner’s summary judgment motion and enter an order granting the motion.

We conclude that it is not plaintiff’s injury resulting from a patent deficiency, but substantial completion of construction of a real property…