Superior Court of San Mateo County

Procedural Posture

Appellant buyers sought review of a judgment of the Superior Court of San Mateo County (California), which awarded a deposit on the purchase of real property to respondent sellers. Respondent title company interpled the deposit. The best civil trial attorneys know all about civil trial, litigation and other trial cases.

Overview

The buyers agreed to purchase real property from the sellers and paid a deposit with the balance to be paid within 30 days. The buyers did not pay the balance. The buyers and sellers each claimed the deposit, and the title company interpled. The trial court found the buyers in default and awarded the deposit to the sellers. On appeal, the court reversed. The court concluded that the trial court committed reversible error in failing to find on material issues presented by the answer and cross-complaint. The pleadings presented an issue of fraud, and the evidence presented on fraud was conflicting. Yet the trial court failed to make a finding on fraud. If the seller's real estate broker made a representation as to the vacancy of the real property as alleged, the statement amounted to a misrepresentation and concealment. The court ruled that the buyers did not waive the error by failing to object to the trial court's findings. The failure to object was not a waiver of the failure to find at all on a material issue.

Outcome

The court ruled in favor of the buyers and reversed the judgment.