Legal Opinion
Kirby v. Albert D. Seeno Construction Co.
California Court of Appeal
Decided December 15, 1992No. A055604PublishedCited by 27 opinions
1Opinion of the Court
Opinion
DOSSEE, J.
John-Patrick Kirby and his wife, Susan R. Kirby, appeal from a summary judgment entered against them in their action against Albert D. Seeno Construction Company (hereafter Seeno). We conclude that the superior court construed the allegations of the complaint too narrowly and reverse.
Procedural and Factual Background
Appellants purchased a home from Seeno in April of 1982. Paragraph six of the unverified complaint against Seeno, filed December 21,1987, alleged: “On or about May 15, 1982, and continuing, plaintiffs discovered damage to the residence, including but not limited…
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