Hoffman v. 162 North Wolfe, LLC
Annotate this CaseThe Hoffmans purchased the 170 Wolfe property. After close of escrow, the owner of adjoining property, 162 LLC, claimed a landscape easement and prescriptive easement rights of ingress and egress over 170 Wolfe and sued to quiet title. The Hoffmans cross-claimed that 162 LLC had defrauded them by falsely advising that they had no claims or interest with respect to the 170 property, based upon a conversation that allegedly occurred eight months before close of escrow between Hoffman and one of 162 LLC’s members. The Hoffmans had observed vehicles crossing the 170 property to service the 162 property, but neither raised the issue with the then-owner of 170 Wolfe, nor complained to 162 LLC. 162 LLC successfully moved for summary adjudication of the fraud claims. The parties settled their remaining claims. The court of appeal affirmed. The concealment/suppression of facts claim failed because there was no evidence of a duty on the part of 162 LLC to disclose that it claimed rights or of justifiable reliance on the facts as the Hoffmans understood them without such disclosure. The intentional misrepresentation claim failed for lack of evidence that the Hoffmans justifiably relied on 162 LLC’s alleged implicit representation that it did not claim any easement rights.
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