Du v. Hawkins
Plaintiffs and appellants Bo Du and Yong Dong Feng (collectively Feng) and cross-complainants and appellants Zekrollah Mohammadi and Mojgan Mohammadi (collectively Mohammadi) appeal a judgment following a grant of summary judgment in favor of defendant, cross-defendant and respondent H. Gene Hawkins (Hawkins).
Hawkins provided professional geologic services in connection with bedrock and geologic exposures during rough grading preceding the construction of Mohammadi’s home. The house allegedly was damaged by earth movement and structural defects. The essential issue presented is whether the lawsuits against Hawkins by Mohammadi and Feng, the subsequent purchaser, are barred by the 10-year limitations period on an action alleging a latent defect in construction. (Code Civ. Proc., § 337.15.)[1]
The undisputed evidence established that the last act or service performed by Hawkins in connection with the subject real property was on May 21, 1999, more than 10 years before the inception of this action. Therefore, the judgment in favor of Hawkins is affirmed.
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