California Court of Appeal

In case involving the sale of a condominium complex to plaintiff-buyer, summary judgment for defendant-seller is reversed and remanded where: 1) the evidence established that defendant did not disclose the existence of two lawsuits relating to water intrusion; and 2) a triable issue of fact remained as to whether the prior litigation was a material fact which should have been disclosed.

Appellate Information

• Decided 02/17/2009
• Published 02/17/2009

Judges

• DOI TODD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of J.R. Seashore, J.R. Seashore;  Esner, Chang & Ellis, Stuart B. Esner, Los Angeles, and Holly N. Boyer, for Plaintiffs and Appellants.


• For Appellees:
  
• Hanger, Steinberg, Shapiro & Ash, Jody Steinberg, Woodland Hills, and Josephine N. Baurac, for Defendant and Respondent.