Facts

Samuel Sanders sued Sung Chun and others, in connection with Sanders' purchase of the subject property from Chun.

PLAINTIFF'S CONTENTIONS: Defendants allegedly made certain misrepresentations about the property's ability to generate income as a four-unit residential property. The property, however, allegedly lacked permit to operate as a four-unit residence, greatly diminishing the value of the property. Rather, the property was only permitted for two units. Plaintiff asserted causes of action for fraud, concealment, negligent misrepresentation, breach of contract, declaratory relief, brief of the implied covenant of a good faith and fair dealing, negligent misrepresentation, and breach of fiduciary duty.

DEFENDANTS' CONTENTIONS: The Chun defendants moved for summary judgment on the cause of action asserted against them, including, among other things, fraud. The Chuns contended that the causes of actions asserted against them were time-barred. They also contended that there were no triable issues of fact regarding their alleged knowledge regarding the lack of proper permits.

Result

The court rejected the Chuns' statute of limitations argument. Nevertheless, it granted their motion for summary judgment on the grounds that the Chuns failed to state facts showing that triable issue of material fact exists as to the causes of action asserted against them for fraud, concealment, and negligent misrepresentation.