Legal Opinion
Ash v. North American Title Co.
California Court of Appeal
Decided February 18, 2014No. B237404PublishedCited by 12 opinions
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
MOSK, Acting P. J.
INTRODUCTION
Defendant, a seller of real property, breached the real estate sales contract with plaintiff, the buyer, by causing the closing of the escrow to be delayed so that it did not close on the agreed-upon Friday set forth in the contract. The sale was part of an Internal Revenue Code (26 U.S.C.) section 1031 (section 1031) transaction to defer the buyer’s capital gains tax on the buyer’s sale of another property. The buyer had the money payable on his sale of the other property deposited in a segregated account with a section 1031 qualified exchange…
2Cases cited44 opinions
- Soule v. General Motors Corp.California Supreme Court · 1994
- Applied Equipment Corp. v. Litton Saudi Arabia Ltd.California Supreme Court · 1994
- Erlich v. MenezesCalifornia Supreme Court · 1999
- Reichert v. General Insurance of AmericaCalifornia Supreme Court · 1968
- Bigbee v. Pacific Telephone & Telegraph Co.California Supreme Court · 1983
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3Cited by12 opinions
- Knutson v. Foster, California Court of Appeal, 5th District2018
- Blevin v. Coastal Surgical InstituteCalifornia Court of Appeal · 2015
- Todd Ashker v. Gavin NewsomCourt of Appeals for the Ninth Circuit · 2020
- Dion v. WeberCalifornia Court of Appeal · 2026
- Fisher v. FisherCalifornia Court of Appeal · 2026
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