California Court of Appeal

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Manderville v. PCG&S Group, Inc., D047285

Summary judgment in favor of defendant brokers on plaintiff buyers' claim for intentional misrepresentation is reversed as: 1) exculpatory clauses in standardized forms used in the sale of real estate do not preclude the buyers' showing of justifiable reliance, and thus do not bar claims against the sellers' brokers alleging they intentionally misrepresented the property could be subdivided; and 2) any lack of due diligence by the buyers in investigating zoning and other laws restricting use of the property does not preclude the buyers' showing of justifiable reliance as an element of their claim for intentional misrepresentation.

Appellate Information

  • Decided 01/24/2007
  • Published 01/24/2007

Judges

  • NARES, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Stutz Artiano Shinoff & Holtz, Daniel R. Shinoff and Paul V. Carelli IV, Temecula, for Plaintiffs and Appellants.

  • For Appellees:
  • Asaro, Keagy, Freeland & McKinley, Steven A. McKinley and Charles F. Campbell, San Diego, for Defendants and Respondents.
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