Tuesday, February 20, 2018
Guan v. Hu
Cal.App. 2nd Dist. (B276546) 1/12/18
Plaintiff and defendant entered into a contract under which plaintiff paid the purchase price for a residence to be held by defendant as the "nominal owner" and which required plaintiff to sell the property when requested by plaintiff, with the proceeds to be divided between the parties according to a formula set forth in the contract. The appellate court affirmed the trial court's rejection of plaintiff's fraud claim because plaintiff did not prove that plaintiff did not intend to perform the contract at the time it was entered into, but found that defendant had breached the contract. Accordingly, the court held that there was no basis for rescission, but ordered that the property be sold and the proceeds apportioned between the parties in accordance with the contract.