Assn. Reconstruction Specialists v. Merit Property Management
Barbara Hughes discovered mold in her home located in the Bear Brand development (the development). A construction defect at the development was found to be the cause of the mold problem. Hughes sued various entities, including respondents Breakers at Bear Brand Homeowners Association (Breakers) and Merit Property Management, Inc. (Merit), based on alleged failures to properly remediate the mold problem in her home. Furthermore, neither ARS nor Breakers prevailed at trial on their claims for contractual indemnity. ARS vigorously pursued its cross complaint, and even expanded the scope of its claim at trial. The trial court did not abuse its discretion by concluding neither party was a prevailing party within the meaning of Civil Code section 1717.
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