California Court of Appeal

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Cleveland v. Internet Specialties W., Inc., B203174

In suit asserting claims of breach of contract and fraud, and other related charges in connection with a $75,000 investment made pursuant to terms of a February 1995 agreement, grant of summary judgment in favor of defendants is reversed where: 1) summary judgment is not appropriate unless only one reasonable inference can be drawn from undisputed facts; 2) it was plaintiff's burden to show he was not negligent in failing to discover his injury sooner; however 3) whether plaintiff exercised reasonable diligence was a question of fact for the court or jury to decide.

Appellate Information

  • Decided 02/11/2009
  • Published 02/11/2009

Judges

  • O'NEILL, J.*

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Hinshaw & Culbertson, Filomena E. Meyer and Desmond J. Hinds, Los Angeles, for Plaintiffs and Appellants.

  • For Appellees:
  • Neufeld Law Group, Timothy L. Neufeld, Los Angeles, and John M. Kennedy, Venice;  Greines, Martin, Stein & Richland and Robin Meadow, Los Angeles, for Defendants and Respondents.
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