United States Ninth Circuit

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DM Residential Fund II v. First Tennessee Bank Nat'l Ass'n, 13-56309

In an action involving the sale of real property at a foreclosure sale, the district court's grant of summary judgment to defendant is affirmed where plaintiff's two-year delay in seeking equitable rescission, despite knowing of the lack of a utilities easement and certificate of occupancy, deprived it of the equitable remedy of rescission under California law.

Appellate Information

  • Decided
  • Published 2015/12/30




  • United States Ninth Circuit