Guan v. Hu

Plaintiff filed suit against defendant for causes of action arising out of defendant's breach of contract, and for fraud. Plaintiff and defendant had entered into a contract under which plaintiff paid the purchase price for a Malibu residence to be held by defendant as the "nominal owner." The trial court rejected plaintiff's fraud claim, but found that defendant had breached the contract. The trial court denied plaintiff's request for rescission, but ordered that the property be sold and the proceeds apportioned between the parties in accordance with the contract. The Court of Appeal held that the trial court did not err by granting plaintiff relief based on defendant's breach of contract; defendant's challenge to particular provisions of the judgment were rejected; and plaintiff's appeal from an order denying his motion for leave to amend was moot. Accordingly, the court affirmed the judgment. View "Guan v. Hu" on Justia Law