Developer's Ruling on Crawford v. Weather Shield Summary Judgment Motion Defeated

June 10, 2011

Tim M. Agajanian, Daniel G. Pezold and Carolyn A. Mathews achieved a significant favorable ruling on a Crawford v. Weather Shield-based Motion for Summary Adjudication filed against M&C’s client, a commercial window and glass subcontractor. The defendant opposed the developer's motion seeking the court's declaration that the subcontractor had a duty to defend under the terms and conditions of an indemnity provision in the subcontract.

Mr. Pezold and Ms. Mathews prepared a detailed opposition to the cross-complainant’s motion and Mr. Pezold appeared before the Hon. Gail A. Andler for oral argument. The opposing papers and oral argument focused on the documented actions of the moving party's failure to cooperate over an extended period of time, or to meet and confer as ordered. Issues regarding the number of currently defending insurers, ambiguity in the indemnity agreement and disputed issues as to the defense allegedly being provided by the moving party were also raised.

The successful opposition of a Crawford v. Weather Shield motion for summary adjudication is not a common event. This ruling is indirectly significant in that there are a large number of law firms, insurers and parties involved in this litigation.

This highly complex matter involves multiple related projects and actions between the owners and contractors for the construction of the Anaheim Lofts, Doria Lofts, the Carnegie Plaza and Broadway Arms in Anaheim, California. M&C’s client installed aluminum storefront windows and doors in the Broadway Arms project.