Case No.: RIC1712571    

The motion for summary judgment is DENIED. Cross-Defendant failed to negate an essential element of Cross-Complainants’ claims, specifically that of duty. Cross- Defendant failed to meet its burden of showing that it has no duty to either Plaintiff or Cross- Complainants as the admitted builder of the subject premises (UMF 18). Further, the subject claims are not barred by the statute of limitations contained in CCP § 337.1. The section does not apply to indemnity actions. (Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido (2015) 238 Cal.App.4th 468, 479 – 480.)