Legal Opinion

Ribeiro v. County of El Dorado

California Court of Appeal

Decided May 10, 2011No. C065505PublishedCited by 1 opinion

1Opinion of the Court

Opinion

HOCH, J.

A jury found in favor of Johnny R. Ribeiro against the County of El Dorado (County), finding Ribeiro had the right to rescind a tax-sale contract and recover his deposit, due to a unilateral mistake of fact caused by the County. The County timely appealed.

On appeal, the County contends the trial court should have granted its motion for a nonsuit because the doctrine of caveat emptor (buyer beware) applies at tax sales, except where displaced by statute, and no statute authorizes Ribeiro’s claim.

This appeal requires us to decide whether a purchaser of tax-defaulted property from…

2Cases cited39 opinions

  1. Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
  2. Nally v. Grace Community ChurchCalifornia Supreme Court · 1988
  3. Green v. Superior CourtCalifornia Supreme Court · 1974
  4. Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc.California Court of Appeal · 2005
  5. M. F. Kemper Construction Co. v. City of Los AngelesCalifornia Supreme Court · 1951

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3Cited by1 opinion

  1. Alameda County Flood Control & Water Conservation District v. Department of Water ResourcesCalifornia Court of Appeal · 2013

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