California Court of Appeal

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.