Collins v. McGee
Candice and Paul Collins appeal from a jury verdict in favor of Jimmie McGee in a lawsuit arising from McGees 2004 sale of his waterfront home in Huntington Beach to plaintiffs. At trial, plaintiffs claimed defendant breached a mandatory disclosure obligation in the sales contract by failing to disclose one or more of the following facts: [] (1) there were pre-existing water intrusion problems; [] (2) there was remodeling work done without necessary permits; and [] (3) the propertys boat dock cannot accommodate a 90 foot boat. In addition to breach of contract, plaintiffs alleged the same disclosure omissions as the basis for claims of negligence, intentional misrepresentation, and negligent misrepresentation.
On appeal, plaintiffs sole challenge is to the sufficiency of the evidence supporting the jurys finding they suffered no harm. Plaintiffs contend their evidence was so compelling that the jury was required to enter a finding in their favor concerning damages. But the applicable standard of review, under which we may not second guess the jurys resolution of credibility issues or conflicting factual matters, stands as an insurmountable roadblock to plaintiffs challenge. Court therefore affirm the judgment.
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