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Torts
Intentional Misrepresentation
Fraudulent Concealment

Luis Armenta, Laurentia Armenta, Talal Rada, Diana Rada, Camille Bizot, Aaron Salinas, Carlos Alvarez, Keith Dauschmidt, Patricia Dauschmidt, Rosina Orozco, Theresa Messoloras, Gerassimos Messoloras, and Bernetta Nelson v. Stewart Title Company of California Inc., Stewart Title of California Inc., California Fund Control, Coastal Design and Develop

Published: Nov. 8, 2014 | Result Date: Jul. 4, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 37-2011-00091186-CU-FR-CTL Verdict –  Defense

Court

San Diego Superior


Attorneys

Plaintiff

Nicholas J. Lewis

Douglas S. Gilliland
(The Gilliland Firm)

Leonard H. Burgess


Defendant

Dolores Contreras

N. Mauricio Reznik


Facts

Plaintiffs sued defendants on several causes of action, including intentional misrepresentation, negligent misrepresentation, and concealment relating to deposits made on units in an unfinished hotel and condominium development in Baja California, Mexico.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that The Residences made misrepresentations to them about a hotel and condominium project and their deposits to persuade plaintiffs to make deposits on their units. Plaintiffs argued that The Residences falsely represented that an American escrow company would handle plaintiffs' deposits until the completion of their units and that the project in Mexico would be built pursuant to U.S. Code.

DEFENDANT'S CONTENTIONS:
The Residences argued that plaintiffs' alleged causes of action were barred by the statute of limitations, as plaintiffs made their deposits between 2005 and 2007.

Damages

Plaintiffs collectively alleged damages of $2,252,528 for the loss of their deposits.

Result

The jury found in favor of The Residences and against plaintiffs based on the statute of limitations defense.

Other Information

FILING DATE: May 12, 2011.


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