4542 REVIEW DENIED A nuisance cause of action that merely repeats the allegations of a negligence cause of action properly may be dismissed by a trial court; the collateral source rule applies in a construction defect case based on combined tort and contract claims, so benefits plaintiff received from its insurance carrier should not be deducted from the damages award; in a construction defect action, expert witness fees expended by plaintiff for investigative services are recoverable as damages; contract language calling for attorney fees to the prevailing party in an action brought to construe or enforce its terms permit an award of fees only for attorney fees apportioned to contract claims.

EL ESCORIAL v DLC PLASTERING (Negligent Nuisance) 154 CA4 1337 [See: City of SD v US Gypsum 30 CA4 575, T/AT 1/95; Kaufman & Broad v Performance 136 CA4 212, P/AT 3/06; Stearman v Centex 78 CA4 611, T/AT 4/00]