TownCenter Plaza v. Hems
Pistone & Wolder, Thomas A. Pistone and Eric J. Medel for Plaintiff and Appellant.
Higgs, Fletcher & Mack and Mark K. Stender for Defendants and Respondents.
Plaintiff, TownCenter Plaza, LLC (TownCenter), appeals a summary judgment for defendants,[1] entered after the trial court determined TownCenter cannot prove the breach and causation elements of its breach of contract claim against defendants for not disclosing a geothermal lease on unimproved property it sold TownCenter, because before the purchase TownCenter had notice of the lease through the preliminary title report and publicly recorded documents. (Civ. Code,[2] §§ 19, 1213.) TownCenter contends the judgment is improper because defendants did not meet their initial burden of producing evidence showing entitlement to judgment as a matter of law, and thus the burden of production never shifted to TownCenter, and alternatively, TownCenter's evidence raised triable issues of material fact. We conclude the court correctly determined the causation issue, and thus we affirm the judgment.
TownCenter also appeals a postjudgment order awarding defendants costs and contractual attorney fees. Because we affirm the judgment we also affirm the order.
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