Logourl black
From our private database of 14,200+ case briefs...

Jue v. Smiser

California Court of Appeal
28 Cal. Rptr. 2d 242 (1994)


Facts

Ken and Victoria Smiser (defendants) employed Tabaloff & Company (Tabaloff) (defendant) to assist in listing and selling their home. Geoffrey and Charlene Jue (plaintiffs) made an appointment with Tabaloff to view the home. During the viewing, the Jues received a brochure stating that the house had been designed by acclaimed architect Julia Morgan. The Jues made an offer on the home and signed a purchase agreement on April 27, 1992. On June 8, 1992, the Jues signed various documents related to the sale, including a document that incorporated a disclaimer stating that the parties recognized that the home was known as a Morgan work, but that there were no blueprints filed with the city confirming this information. Over the next two days, the Jues contacted Morgan’s daughter, who said that she knew of no documents certifying that Morgan designed the Smisers’ home. The Jues received title to the home and closed escrow on June 11. On November 24, the Jues brought suit against Tabaloff and the Smisers, alleging various theories of fraud and misrepresentation. The Smisers moved for summary judgment. The trial court granted the Smisers’ motion, concluding that the Jues’ claims were barred because they had moved forward with the purchase despite knowing, before escrow closed, that there were no documents certifying the home as a Morgan design. The Jues appealed.

Rule of Law

Issue

Holding and Reasoning (Anderson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 251,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.