The motion of cross defendant Pinnacle Builders for a determination that its settlement with defendant and cross-complainant Greystone is in good faith is granted. The complaint alleges property damage and personal injury resulting from mold and mildew caused by water leaks. The source of the leaks was a hot water pipe under the kitchen sink which had been pierced by a nail. Pinnacle was the framer on the project and was not responsible for any plumbing. The framing work is completed before the plumbing is done.
Sheet rock follows the plumbing work.
Pinnacle acknowledges there is a sagging door header beam but states this is cosemtic in nature and does not compromise the structural integrity of the building. Defendant and cross-defendant Monarch Plumbing has opposed the motion. It submits the deposition testimony of plaintiff that the nail was a framer's nail. It then submits the contract and checklist between Greystone and Pinnacle to show Pinnacle was responsible for some of the dry wall. First, as the framer, Pinnacle's work was finished before the plumbing was installed.