The opinion marks a significant development in California construction law, aligning procedural fairness with substantive accountability and it is anticipated more oppositions to summary judgment will be generated as a result of this ruling.
In a decision of first impression, the California Court of Appeal in RND Contractors, Inc. v. WRSE (2025) 112 Cal.App.5th 697, clarified whether a co-defendant may oppose another defendant's motion for summary judgment without having first filed a cross-complaint. The case arose from the collapse of a high school gymnasium during construction, leading to negligence, wrongful death, and premises liability claims against the project participants. The court held that "any adverse party" may oppose another party's motion for summary judgment, even if the Plaintiff does not oppose the motion and there is no cross-complaint filed by the co-defendant opposing summary judgment.
This ruling resolves a novel procedural question which had not been addressed by any Court of Appeal in California to date.
Mr. Smith may be contacted at kesmith@wshblaw.com