Appeals court upholds ruling in case of alleged construction violations

By Nicholas Gueguen | May 8, 2017

SAN FRANCISCO — Brian Ngo, an attorney who represented the appellees in Glenda Lovell vs. Stanley Fong et al, recently told the Northern California Record via email that he was pleased to see the California First District Court of Appeal rule to uphold the appellees' demurrers to Lovell's allegations of structural defects in a house she had purchased from the appellees.

"Happy and relieved, although I assured them from the get go that this was the likely result," Ngo said of his clients' reaction to the appeals court ruling.

The appeals court also decided to throw out Lovell's lawsuit and give the appellees $10,360 attorneys' fees. Ngo said he felt "relief" from the appeals court's decision.

"This is the second appeal related to this case, which originated from 2011," Ngo said.

According to the appeals court decision, Lovell had accused the appellees of breaking the California Civil Code regarding a house that Stanley and Sofia Fong had agreed to sell to Lovell for $900,000.

The appeals court explained in its decision that Lovell wanted $203,374 and lawsuit expenses from the appellees in her first complaint and only went after Ben Li Qiu, the contractor who managed the work on the house involved in the lawsuit, for that money in her second complaint.

The appeals court also explained in its decision that Lovell wanted the appeals court to overturn the superior court's ruling to give attorneys' fees because the Fongs did not do mediation in the case.

Ngo does not anticipate Lovell having the ability to appeal the case further.

"They petitioned for rehearing, which was denied," he said. "The time has expired for petitioning the Supreme Court, so I believe this is the end of the road for them."

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