Rawat v. Newton
This is an action for breach of contract and fraud involving the purchase of four parcels of real property in south Sacramento. Defendant sellers obtained summary judgment on the grounds of standing, res judicata, and statute of limitations.
We conclude that plaintiff Krishna Living Trust (the Trust), which was deeded the property in the purchase and which paid off a substantial promissory note for it, has standing to maintain this action.[1] We also conclude that res judicata does not apply and that the Trust satisfies the statute of limitations. Consequently, we shall reverse the judgment. The Trust had also moved to amend its complaint, which the trial court denied in light of the summary judgment ruling. Accordingly, we shall also reverse the order denying plaintiff leave to file its first amended complaint.
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