Alvarado

Luna Records Corp., Inc. v. Alvarado

Good Law
1991 Cal. App. LEXIS 863·232 Cal. App. 3d 1023·283 Cal. Rptr. 865·91 Daily Journal DAR 9199·91 Cal. Daily Op. Serv. 5952
Court of Appeal of CaliforniaJuly 29, 1991A049894California2,767 words

Opinion

Opinion

Merrill, J.

— Appellant Luna Records Corporation, Inc., appeals from an order of the Sonoma County Superior Court sustaining without leave to amend the demurrer of respondents Carlos E. J. Alvarado, California Broadcasting System, Marta Moreno Figueroa and Difusora del Valle, and granting respondents’ motion to strike the complaint because it was barred by the statute of limitations. We affirm.

Facts

The complaint for rescission in the instant action was filed by appellant on July 29, 1988, in Sonoma County, and included the following allegations. Appellant and respondents entered into a written contract on January 9, 1981, whereby respondents agreed to sell certain shares of stock to appellant for a total purchase price of $850,000. Appellant made an initial instillment payment of $99,000 and a cartridge player. On June 1, 1981, appellant notified respondents in writing that it had rescinded the contract because of failure of consideration on the part of respondents. Appellant offered to restore to respondents all consideration given by them upon the condition that respondents restore to appellant the consideration advanced by it. On June 8, 1981, respondents consented in writing…

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