Love v. Bay Area Cablevision
In 1992, appellant Bernard Love, a Denver, Colorado bus driver, obtained a federal license for a multichannel multipoint distribution service (MMDS)[1] in a Federal Communications Commission (FCC) lottery. With the assistance of his agent, Kingswood Associates, Inc. (Kingswood),[2] in 1993 Love entered into a five-year license lease agreement with Gulf American, Inc. (Gulf American),[3] who in turn assigned its interest in the lease agreement to respondent Bay Area Cablevision, Inc. (Bay Area Cablevision). In 1996, Kingswood ceased sending Love his share of the lease payments due under the lease agreement. On January 14, 2008, Love filed a complaint alleging that in 1996 defendant Bay Area Cablevision fraudulently obtained an assignment of his interest in the MMDS license without his knowledge. He sought a declaration that he was the true owner of the MMDS license and disgorgement of profits.
On appeal, Love argues that his January 14, 2008 complaint was timely filed because the three-year statute of limitations was tolled under the fraudulent concealment doctrine until 2006, when an attorney informed him that his interest in the MDSS license had been assigned to Bay Area Cablevision. For the reasons stated below, we determine that the face of the amended complaint shows as a matter of law that Loves action against Bay Area Cablevision was untimely filed under section 338(d) more than three years after Love had notice of circumstances sufficient to put a reasonable person on inquiry. (Community Cause v. Boatwright (1981) 124 Cal.App.3d 888, 902.)
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