Oakes v. McCarthy Co.

AISO, J. pro tem. *

Plaintiffs, John C. Oakes and Grace Oakes, husband and wife, brought this action to recover damages resulting from earth movement underlying their lot and home in the Palos Verdes area of Los Angeles County, which they had acquired in 1956 as original purchasers in a subdivision.

The action, filed on December 20, 1960, was eventually tried to a jury against the defendants, the McCarthy Company, a California corporation (hereafter “McCarthy”), the Rollingwood Estates Company, a co-partnership composed of nine other named corporations (hereafter “Rollingwood”), the J. A.…