RSF Associates, LLC v. Nieto CA4/1

Filed 2/18/21 RSF Associates, LLC v. Nieto CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

RSF ASSOCIATES, LLC, D076227

Plaintiff, Cross-defendant, and Respondent, (Super. Ct. No. 37-2018- v. 00001161-CU-BC-NC)

NATHANIEL NIETO,

Defendant, Cross-complainant, and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Robert P. Dahlquist, Judge. Affirmed.

Nathaniel Joseph Nieto, in pro. per., for Defendant, Cross-complainant and Appellant. Law Offices of Darren J. Quinn and Darren J. Quinn, for Plaintiff, Cross-defendant and Respondent.

In this contract action, the court issued a detailed ruling after a bench trial, finding in favor of plaintiff and cross-defendant RSF Associates, LLC (RSF) on the complaint and on the cross-complaint. Defendant and cross- complainant Nathaniel Nieto, doing business as Dave Heyden Landscaping (Heyden Landscaping), challenges the court’s ruling. We affirm. BACKGROUND Facts RSF is a general contractor that built two new buildings on land it owned in the City of San Marcos (City). RSF and Heyden Landscaping entered into a written contract for Heyden Landscaping to provide all landscaping for the property, including underground irrigation, for a fixed cost of $52,500. This dispute arises out of the landscaping to be installed on a strip of land between the sidewalk and the developed property, known as the Community Facility District (CFD). In its contract with Heyden Landscaping, RSF required that the landscaping on the CFD had to be approved by the City, using plans and materials approved by the City in advance, and with inspection and approval by the City of the installation and materials in the trenches for underground irrigation before the trenches were closed. Nieto and his crew started work on the project in April 2017. On September 18, 2017, RSF’s superintendent had an argument with Nieto at the site. The superintendent told Nieto that the work was progressing too slowly. RSF wanted to open the site by October 10, 2017. Nieto knew of this deadline. The landscaping work at that point “was not close to being completed.” Nieto left the site with his crew after the argument and never returned to complete the work.