Lemer

Lemer v. Boise Cascade, Inc.

Good Law
107 Cal. App. 3d 1·165 Cal. Rptr. 555·1980 Cal. App. LEXIS 1935
Court of Appeal of CaliforniaJune 18, 1980Civ. 44311California4,014 words

Opinion

Opinion

Grodin, J.

Boise Cascade Corporation and one of its subsidiaries, Boise Cascade Recreation Communities Corporation of Delaware (hereinafter referred to jointly as Boise) appeal from a judgment based on a jury verdict against them and in favor of Oscar Lemer in the amount of $50,000 in compensatory damages and $250,000 in punitive damages for alleged fraud in connection with Lemer’s purchase of four lots in Boise’s recreational land development projects in Calaveras County, California. Lemer has filed a cross-appeal, claiming that he is entitled also to judgment against two other subsidiaries of Boise Cascade Corporation whom the trial court dismissed from the action, and that he is entitled to proceed to trial on his seventh cause of action, which the trial court dismissed on statute of limitations grounds. We affirm, for the reasons which follow.

I. Boise’s Appeal.

Boise’s argument consists of a double-barrelled attack on the punitive damage portion of the judgment. First, Boise contends that Lemer is totally barred from recovering punitive damages in this proceeding by reason of a settlement in a class action in which he was a representative plaintiff. Alternatively, Boise…

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