Legal Opinion
Geernaert v. Mitchell
California Court of Appeal
Decided January 13, 1995No. A063983PublishedCited by 18 opinions
1Opinion of the Court
Opinion
SMITH, J.
Plaintiffs Gerald Geernaert and his wife Pamela Geernaert brought this action for damages against two defendants who formerly owned their residence, alleging fraudulent misrepresentation and concealment regarding significant structural and foundation problems with the property. The trial court dismissed the case after determining, on a demurrer, that defendants owed no duty to plaintiffs which would subject them to liability.
We will conclude that the lower court’s ruling is inconsistent with the Restatement Second of Torts section 533 and subsequent California cases that have…
2Cases cited17 opinions
- Committee on Children's Television, Inc. v. General Foods Corp.California Supreme Court · 1983
- Gagne v. BertranCalifornia Supreme Court · 1954
- Mirkin v. WassermanCalifornia Supreme Court · 1993
- Lingsch v. SavageCalifornia Court of Appeal · 1963
- Garcia v. Superior CourtCalifornia Supreme Court · 1990
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ernst & Young, L.L.P. v. Pacific Mutual Life Insurance Co.Texas Supreme Court · 2001
- Charles Schwab Corp. v. Bank of America Corp.Court of Appeals for the Second Circuit · 2018
- OCM Principal Opportunities Fund, L.P. v. CIBC World Markets Corp.California Court of Appeal · 2007
- Lovejoy v. AT&T CORP.California Court of Appeal · 2001
- Shapiro v. SutherlandCalifornia Court of Appeal · 1998
13 more not listed; retrieve them via the Exa API.