Bains v. Seltrost, LLC

Timothy Richard Sullivan

Case Conclusion Date:April 30, 2002

Practice Area:Litigation

Outcome:Affirmed summary judgment in favor of defendant.

Description:Purchaser of truck stop sued vendor for fraud. The trial court sustained the vendors' demurrer without leave to amend. The Court of Appeal held that: (1) trial court properly took judicial notice of court file in prior receivership proceeding involving property; (2) as a matter of law, purchaser should have been aware of every alleged false promise or representation, for purposes of three-year limitations period for fraud claims, no later than date receivership was in place and purchaser hired attorneys; and (3) failure of vendor to provide allegedly promised soil clearance and bulk sales notice within eight months prior to institution of receivership was clearly unreasonable as a matter of law.