Facts

Christopher Upham filed a lawsuit against Helena Fox, individually and as the personal representative of the estate of Peter Fox.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that in 1991, the decedent, Peter Fox convinced him to invest $300,000 in a real estate project in Costa Rica. Plaintiff further alleged that after plaintiff made his investment, the decedent used his funds for improper purposes unrelated to the agreed upon development. Plaintiff further alleged that the defendant promised to sign a tolling agreement.

DEFENDANT'S CONTENTIONS:
Defendant argued that plaintiff had previously brought four unsuccessful lawsuits relating to the same subject matter. Defendant further argued that Peter Fox died in 2001 and plaintiff's claims were time-barred.

Result

The court granted defendant's motion to dismiss without leave to amend. The court found, in part, that the tolling agreement relied upon by plaintiff expired in September 2010, and did not make any of his causes of action for accounting, unjust enrichment, injunction, and constructive trust timely. The court also found that plaintiff's claims for breach of contract, conversion, intentional misrepresentation, negligent misrepresentation, concealment of material facts, and breach of fiduciary duty were identical to the claims plaintiff made in his lawsuits filed in 1995, 1999 and 2008 and such suits were all dismissed. The court held that these causes of action were also time-barred.