Jue v. Smiser 23 Cal.App.4th 312 (1994)

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OUTCOME: Court of Appeal overturned trial court and ruled for Plaintiffs

Property purchaser represented by Whiteman sued seller for fraud. The Court of Appeal overturned the trial court's summary judgment in favor of defendants. The court of appeal held that for purposes ... of recovery for fraud in the sale of real property under Civ. Code, § 3343, the reliance is viewed at the time the initial contract was struck; it is not necessary that a claimant establish continuing reliance until the contract is fully executed in order to maintain an action for damages.