Geertz v. Ausonio

In Geertz v. Ausonio (1992) 4 Cal.App.4th 1363, the alleged construction defect was the lack of an overflow drainage system for an outdoor deck. The court determined that flooding from a deck above plaintiffs' store, which occurred when leaves accumulated in the deck's drain, did not manifest an obvious defect. The court found the flooding was "at most a manifestation" of a latent construction defect, i.e., the absence of a secondary drainage system. (Geertz, supra, 4 Cal.App.4th at pp. 1367, 1369, 1371.) "Reasonable minds could differ concerning whether the flooding as experienced by the owners renders the cause, i.e., the alleged defect in the deck, reasonably apparent to the average consumer." (Id. at p. 1371.)