Coliseo Housing v. POZ Village Development
Plaintiff Coliseo Housing Partnership appeals from an August 18, 2011 judgment in favor of defendants POZ Village Development Inc. (“POZ”) and The Bedford Group (“Bedford”). Plaintiff sought to cancel a promissory note payable to defendant POZ (“Developer’s Note”) and declaratory relief related to the note’s validity. Plaintiff argues the trial court erred in ruling the cancellation claim was barred by the statute of limitations. In addition, plaintiff contends the Developer’s Note was superseded by the amended partnership agreement’s integration clause and thus void. Plaintiff also asserts the trial court erred in finding the Developer’s Note was supported by consideration. Furthermore, plaintiff argues it was error to find the Developer’s Note was enforceable given Bedford’s admission that the note was the result of tax evasion. On cross-appeal, defendants argue they were entitled to costs as the prevailing party under Code of Civil Procedure section 1032. We find no error and affirm the judgment.

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