Court of Appeal Affirms Nonsuit in Favor of Plumbing Company

Walsworth secured a successful appellate outcome after the California Court of Appeal affirmed the trial court’s granting of a motion for nonsuit in favor of a plumbing company. The defense was led by Partners John Kaniewski, who represented the company throughout the litigation, and Josh Anaya who joined to assist with the appeal.

The underlying case, filed in February 2021, arose out of claims of water intrusion into a condominium purchased by the plaintiff in 2017. The plaintiff, representing himself, alleged negligence and attempted to hold the plumbing company and others liable for the condition of the property years after the condominium was built.

Prior to trial, the parties litigated motions in limine, where the Court found that the issues involved technical matters outside the scope of common knowledge and required expert testimony. Since the plaintiff failed to designate an expert to address standard of care or causation related to the plumbing company’s work, the trial court granted the nonsuit. On appeal, the Court affirmed the decision.

“We were confident in the trial court’s decision, and the Court of Appeal’s affirmation validates the arguments we presented to the trial court,” said Partner John Kaniewski. “It’s always gratifying to see a well-reasoned outcome upheld on appeal.”