What is rescission?

Useful Rulings on Rescission

Recent Rulings on Rescission

RAELENE M. RAMOS ET AL. V. LINDA J. BOWLBY, ET AL.

Plaintiffs’ complaint alleges causes of action for: (1) declaratory relief, (2) declaratory relief, (3) cancellation of instrument, (4) financial elder abuse, (5) rescission of instrument, (6) conversion, (7) quiet title, and (8) injunctive relief. Plaintiff Raelene M. Ramos and Defendant Linda J. Bowlby are sisters. Their father was John L. Hindmarsh (John or Decedent), who passed away on February 4, 2020 in San Luis Obispo County. Plaintiff Annastasia C.

  • Hearing

GENESIS MEDIA LLC VS OWNZONES MEDIA NETWORK INC ET AL

Genesis’ Complaint alleges the following causes of action: (1) breach of contract against Ownzones, (2) rescission and restitution based upon fraud against Ownzones, (3) breach of fiduciary duty against Ownzones, (4) conversion against Ownzones and Goman, (5) claim and delivery against Ownzones and Goman, (6) accounting against Ownzones and Goman, (7) declaratory relief against Ownzones and Goman. On June 18, 2018, Genesis filed a First Amended Complaint.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

GLENDALE FRENCH BAKERY, INC. VS. RICK SALVATORE, ET AL

In the operative complaint, Plaintiff alleged twelve causes of action sounding in (1) Breach of Lease, (2) Breach of covenant of Quiet Use and Enjoyment, (3) Breach of Covenant of Good Faith and Fair Dealing, (4) Fraud, (5) Negligent Misrepresentation, (6) Rescission and Restitution based on Fraud or Mistake, (7) Promissory Estoppel, (8) Interference with Contractual Relations, (9) Interference with Prospective Economic Advantage, (10) Private Nuisance, (11) Public Nuisance, and (12) Violation of Bus. & Prof

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

MH PILLARS LTD VS PAYMENTWORLD LIMITED ET AL

BACKGROUND Plaintiff filed a complaint arising from a breach of a Merchant Agreement (the “Agreement”) to provide credit card processing services, alleging causes of action for: (1) breach of contract—including covenant of good faith and fair dealing; (2) conversion; (3) rescission and restitution; (4) fraud and deceit; (5) unfair competition law; and (6) accounting.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JUAN CARLOS RODRIGUEZ INDIVIDUALLY AND AS SUCCESSOR IN INTEREST FOR CELIA VAZQUEZ VS. KAISER FOUNDATION HEALTH PLAN INC

Plaintiff's arguments in opposition lack merit, there is no waiver, and Plaintiff has failed to show grounds for rescission. Accordingly, Defendants' motion to compel arbitration is GRANTED. II.

  • Hearing

LAGUNA GREENBELT INC VS. COUNTY OF ORANGE

The Courtfindsthat the County's rescission ofthe project approvals has effectively mooted the breach or disruption that is alleged in the complaint. B. Resulting damages. Another essential element of an intentional interference claim is resulting damages. {Pacific Gas & Electric Co., supra, 50 Cal.3d at 1126.) The County argues its rescission of the project approvals has also mooted all alleged damages. Again, the Court agrees. Heritage Fields alleges three types of damages.

  • Hearing

LION EYE FARMS INC ET AL VS COUNTY OF SANTA BARBARA

Finally, the amendment provides for rescission of Article X upon the termination of all legal nonconforming uses and the passage of a comprehensive cannabis ordinance. (Ibid.) In July 2015, after executing the land lease, plaintiffs obtained permits and licenses from the Board of Equalization of California to cultivate marijuana on the seven-acre property. (Verified Pet., ¶22.) In August 2017, plaintiffs expended approximately $1,200,000 to install fifty-six hoop structures on the property.

  • Hearing

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

COLOREDGE, INC., A DELAWARE CORPORATION, VS EDIE GELARDI, AN INDIVIDUAL,, ET AL.

(a)); (2) rescission, (Code Civ. Proc., § 1281.2, subd. (b)); (3) pending litigation involving the same or related transactions, (Code Civ. Proc., § 1281.2, subd. (c)); and (4) if the petitioner is a depository institution that used fraud to secure the arbitration agreement (Code Civ. Proc., § 1281.2, subd. (d)). Merits – Duggal Defendants contend that the Arbitration Agreement covers all claims in the instant action against both Duggal and Gelardi.

  • Hearing

  • Type

    Business

  • Sub Type

    Intellectual Property

CHARLENE TANG VS 829 FLOWER, LLC , ET AL.

The plaintiffs filed suit seeking rescission of the purchase agreement and damages for fraud and negligent misrepresentation. The sellers moved for summary judgment on the ground that the purchaser had filed suit without initiating arbitration, as required by the parties’ residential purchase agreement. The trial court granted the sellers’ motion for summary judgment, which was affirmed on appeal. (Johnson v. Siegel, 84 Cal.App.4th at 1089-1090.)

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

MANUEL C. CORTES, IV VS BMW NORTH AMERICA, LLC, ET AL.

“The court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission of the agreement. . . .” (Code Civ. Proc., § 1281.2) “[W]aivers are not to be lightly inferred and the party seeking to establish a waiver bears a heavy burden of proof.” (St. Agnes Medical Center v.

  • Hearing

MARIA GONZALEZ VS SUNERGY SOLAR INC., ET AL.

If the court finds that an agreement exists, the court shall order arbitration unless: (1) The right to compel has been waived by the petitioner, or (b) grounds exist for rescission of the agreement. A written agreement to submit to an arbitration agreement is valid unless grounds exist for its revocation such as any contract.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

VILLALOBOS VS. PEDEGO, INC.

Given the specific language required by the Notice for opt-outs and rescission of opt-out statements, the Notice should attach proposed forms for completion by Class Members.

  • Hearing

JUI-CHIEN LIN VS ROBERT CHIU

Chiu Qualified Personal Residence Trust, Golden Restaurant, LLC (collectively, “Defendants”) and Does 1-10 for: Breach of Written Contract Breach of Operating Agreement Fraud/Misrepresentation Negligent Misrepresentation Breach of Fiduciary Duties Set Aside Fraudulent Transfers Conspiracy Rescission of Contract Rescission of Operating Agreement Accounting Equitable Relief—Unjust Enrichment Declaratory Relief On May 18, 2017, Plaintiff dismissed his second, third and tenth causes of action, without

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JOSHUA LAUREANO VS CNK PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

Re: Waiver Of Right To Challenge Lease By Accepting Rent Plaintiff argues that, when a party has full knowledge of facts that would warrant rescission but nevertheless accepts and receives benefits under a contract, waiver of the right to rescind will be presumed. Plaintiff argues that CNK did nothing from 2015 to September 2019 to dispute the validity of the Addendum and accepted rental payments from Laur throughout that time. The Court does not find this argument to be persuasive.

  • Hearing

PARS PUBLISHING CORP VS. ORDWAY CORP

As to Issue 3, pursuant to Code of Civil Procedure section 437c(f)(1) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty…” Here, Plaintiff’s request for adjudication of “rescission” is an attempt to adjudicate a “remedy”, which is not listed above. (Akin v. Certain Underwriters at Lloyd's London (2006) 140 Cal.App.4th 291, 296.)

  • Hearing

DONALD E HOLLINGSHEAD VS DEBRA L DUGGAN, ET AL.

In Opposition, Plaintiffs argue that acceptance of monthly payments not does not constitute waiver of rescission. (Oppo. at p. 18.) They contend that “Accepting the monthly amounts is merely one fact to be considered by the trier of fact in determining whether Plaintiffs had affirmed the Acquisition Agreement and waived rescission.” (Oppo. at p. 18.)

  • Hearing

KJ INVESTMENT GROUP, LLC VS LEE

The Court sustains the demurrers to the remaining affirmative defenses -- the 5th (Waiver), 7th (S/L), 11th (Laches), 15th (Frustration of Purpose), 16th (Impracticability), 17th (Mistake), 18th (Mutual Mistake), 19th (Public Policy), 21st (Assumption of Risk), and 23rd (Rescission). In the opposing papers, Defendant does not discuss these defenses and cite relevant authority. Many of the doctrines are indeed affirmative defenses which must be pleaded and proven by the person invoking them. (See Carlson v.

  • Hearing

PACIFIC POST RENTALS, INC., A CALIFORNIA CORPORATION, ET AL. VS ALYSE G. BERKLEY, AS TRUSTEE OF THE ALYSE G. BERKLEY TRUST, ET AL.

Prior to its rescission, the Lease constituted a binding and enforceable contract. (FAC ¶38.)

  • Hearing

GREENBOX POS VS VISTA CAPITAL INVESTMENTS LLC

The court finds, pursuant to express terms of Section 2(b), the Saskatchewn conversion was a "Dilutive Issuance" and, once this "Dilutive Issuance" occurred, Vista Capital's antidilution rights vested and could be exercised at its option – regardless of any subsequent rescission by Plaintiff or return of shares by Saskatchewan Ltd.

  • Hearing

  • Type

    Other

  • Sub Type

    Intellectual Property

VIRK, ET AL. V. ANAND, ET AL.

Involuntary dissolution of a corporation (by Taproop, against all defendants); 5) Violation of Corporation Code §§ 1600, 1601 (by Taproop, against all defendants); 6) Removal of directors for fraudulent/dishonest acts (by Taproop, against all defendants); 7) Unjust enrichment (by Taproop, against all defendants); 8) Fraud (by Taproop, against all defendants); 9) Constructive fraud (by Taproop, against all defendants); 10) Unfair business practices (by Taproop, against all defendants); 11) Declaratory relief—rescission

  • Hearing

DANIEL MARTIN RENOVATO, ET AL. VS FCA US LLC, ET AL.

Rescission Plaintiffs contend that the case against Dealer cannot be arbitrated because Plaintiffs seek rescission of the contract. But contractual arbitration clauses are still enforceable when a party seeks rescission of the entire contract on the basis of an alleged breach of warranty. (St. Agnes Medical Center, supra, 31 Cal.4th at p. 1198.) Arbitration of Claims Against FCA For the first time in its reply, Dealer argues that the Court could order non-signatory FCA to arbitration.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

CHATELAINE COMMUNITY ASSOCIATION VS TERESA MCCLENDON, ET AL

No. 20130160611) and (7) December 29, 2017 Rescission Deed filed by McClendon (Inst. No. 20171517262). Based on the undisputed evidence, Plaintiff obtained a valid judgment for unpaid HOA dues against Markus Dane and the Writ of Execution listed 5721 Crescent Park, Unit 411, Unit 411, Playa Vista, CA 90094. See Plaintiff’s RJN, Exs. 7 and 9.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Quiet Title

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

ALTERNATIVE REAL ESTATE INVESTMENTS INC VS WONG HODGEN

"On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the rescission of the agreement."

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

ALTERNATIVE REAL ESTATE INVESTMENTS INC VS WONG HODGEN

"On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the rescission of the agreement."

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

BRIAN NEMAN VS FARHAD YAGHOUBI, ET AL.

Breach of contract Fraud Rescission Conversion On April 3, 2019, Neman filed a FAC alleging five causes of action: 1. Specific Performance Breach of contract Fraud Rescission Conversion On October 3, 2019, Defendants filed a Cross-Complaint (“XC”), alleging four causes of action: 1. Breach of contract Fraud Promissory estoppel Specific performance On January 10, 2020, Neman filed an Answer to the XC.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

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