California Court of Appeal

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Fullington v. Equilon Enterprises, LLC, B231970

In a Shell gas station lessee's suit against the lessor for fraud and violation of Business and Professions Code section 21148, trial court's grant of defendant's motion for summary judgment is reversed and remanded where: 1) the trial court erred in granting summary judgment on plaintiff's section 21148 claim where the claim was not precluded by the final judgment in a prior trial; and 2) the trial court erred in granting summary judgment on the fraud claims as, nothwithstanding the settlement in another case, plaintiff can state a cause of action for fraud because defendant's fraudulent conduct caused him actual injury.

Appellate Information

  • Decided 10/25/2012
  • Published 10/25/2012

Judges

  • Suzukawa

Court

  • California Court of Appeal

Counsel

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