Nature of Proceedings: Motion for Summary Adjudication Plaintiff Thomas Kopitnik (plaintiff or Kopitnik) filed a first amended complaint on November 1, 2021, against defendants Clearview Property Services, Inc. (Clearview) and Christopher Hulme (Hulme) (collectively, defendants), raising six causes of action: rescission, breach of contract, negligence, fraud in the inducement, negligent misrepresentation, and unfair business practices in violation of Business and Profession Code section 17200, et seq. Defendants jointly answered on December 3, 2021. Trial is scheduled for December 5, 2022. Briefly, plaintiff hired defendants to “design, plan, prepare construction drawings, and do landscape improvements to his 360 residential ranch located in Buellton . . . .” According to the operative pleading, defendants misrepresented their skill, their knowledge, and their prior experience, “in order to induce and did in fact induce [plaintiff]” to contract with them, Additionally, according to pla
Hearing Date
October 18, 2022
Department
Judge James F. RigaliDepartment 2 SM-Cook312-C East Cook Street P.O. Box 5369 Santa Maria, CA 93456-5369
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Nature of Proceedings: Motion for Summary Adjudication Plaintiff Thomas Kopitnik (plaintiff or Kopitnik) filed a first amended complaint on November 1, 2021, against defendants Clearview Property Services, Inc. (Clearview) and Christopher Hulme (Hulme) (collectively, defendants), raising six causes of action: rescission, breach of contract, negligence, fraud in the inducement, negligent misrepresentation, and unfair business practices in violation of Business and Profession Code section 17200, et seq. Defendants jointly answered on December 3, 2021. Trial is scheduled for December 5, 2022. Briefly, plaintiff hired defendants to “design, plan, prepare construction drawings, and do landscape improvements to his 360 residential ranch located in Buellton . . . .” According to the operative pleading, defendants misrepresented their skill, their knowledge, and their prior experience, “in order to induce and did in fact induce [plaintiff]” to contract with them, Additionally, according to pla