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-Purchase and Sale-
Insurer had no duty to defend or indemnify under liability provisions of homeowners policy excluding coverage of claims for bodily injury or property damage resulting from certain known or unknown defects in real property where buyers alleged that insureds, who sold them the property, knew or should have known of certain defects in the property and that buyers suffered damages caused by such defects. Exclusion is not limited to claims directly related to the sales transaction.
Davis v. Farmers Insurance Group - filed November 18, 2005, Fourth District, Div. One
Cite as 2005 SOS 5133
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-Purchase and Sale-
Three-year statute of limitations applicable to causes of action for mistake--Code of Civil Procedure Sec. 338(d)--did not bar purchaser’s action to reform grant deeds concerning and to quiet title to property mistakenly conveyed to purchaser of another parcel during same time period where action was brought within three years of plaintiff’s discovery of mistake. Three-year period was not triggered at closing where substantial evidence supported trial court’s conclusion that prior to acquiring actual knowledge of the mistake, plaintiff did not have notice or information of circumstances that would have put a reasonable person on inquiry about the mistake nor, with reasonable diligence, would it have discovered the mistake.
The Santa Anita Companies, Inc. v. Westfield Corporation, Inc. - filed November 17, 2005, Second District, Div. Five
Cite as 2005 SOS 5136
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-Property Taxation-
California Constitution does not prohibit a tax on the mere ownership of real property if the tax is a special tax and not an ad valorem tax. Equal protection clause does not require that nonresident landowners be given the right to vote on measure imposing a special tax on ownership of property.
Neilson v. City of California City - filed November 3, 2005, Fifth District
Cite as 2005 SOS 5013
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