Alameda County Superior Court

Procedural Posture

Appellant purchasers sought review of a judgment from the Alameda County Superior Court (California), which was entered in favor of appellees, realtor and agent, in appellants’ action for breach of contract and fraud in connection with the purchase of a residence. The trial court determined that the two-year statute of limitations, pursuant to Cal. Civ. Code § 2079.4, barred all causes of action and dismissed the action as to appellees.

Overview: meal penalty calculator

Appellant purchasers sought review of judgment, which was entered in favor of appellees, realtor and agent in appellants’ action for breach of contract and fraud in connection with the purchase of a residence. The trial court determined that the two-year statute of limitations pursuant to Cal. Civ. Code § 2079.4 barred all causes of action dismissed the action as to appellees. The court on review concluded that the statute of limitations in § 2079.4 was not intended to apply to actions for intentional fraud. The court held that the judgment dismissing the complaint as to appellees was reversed and the matter was remanded. The court also held that costs were awarded to appellants.

Outcome

The judgment dismissing appellant purchasers’ action for breach of contract and fraud in connection with the purchase of a residence against appellees, realtor and agent was reversed because the statute of limitations was not intended to apply to actions for intentional fraud.

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