Vinyl Fence America v. Canyon Gate HOA
Plaintiff Vinyl Fence America Company (Vinyl Fence) appeals from the dismissal of its second amended complaint after an order sustaining a demurrer. We reverse the dismissal with respect to three causes of action alleged against defendant Canyon Gate Homeowners Association (HOA), namely, breach of contract, account stated, and open book account. As to these causes of action, Vinyl Fence sufficiently alleged defendant Diane Simon’s actual or ostensible authority to bind the HOA to the alleged contract. We affirm the dismissal with respect to the other two causes of action alleged against the HOA, namely, unjust enrichment and quantum meruit. These causes of action are barred by the statute of limitations. We also affirm the dismissal with respect to the fraud and negligent misrepresentation causes of action alleged against defendants Future Management Services, Inc. (Future Management), and Simon. These causes of action are likewise barred by the statute of limitations.
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