Jones

Jones v. Wagner

Good Law
108 Cal. Rptr. 2d 669·2001 Cal. App. LEXIS 514·2001 Daily Journal DAR 6865·90 Cal. App. 4th 466·2001 Cal. Daily Op. Serv. 5640
Court of Appeal of CaliforniaJune 8, 2001E026412California5,701 words

Opinion

Opinion

Hollenhorst, J.

Plaintiffs Carl E. and Sally Jones brought this action to recover damages for alleged breach of contract and constructive fraud. Defendants, Raymond J. and Joan Wagner, were their partners in the ownership of a beachfront townhouse in Oxnard, California. The trial court rejected Mr. and Mrs. Jones’s damages claims, ordered dissolution of the partnership, and appointed a referee to render an accounting. Following receipt of the accounting, the trial court entered a final judgment dissolving the partnership, awarding $187,885.74 and prejudgment interest to the Wag-ners on their cross-complaint, and resolving an issue relating to personal property owned by the partnership.

Mr. and Mrs. Jones appeal, contending that the trial court erred in failing to find constructive fraud. They also attack the accounting, contending that the trial court erred in failing to uphold their objections to the accounting. Finally, they raise issues relating to application of the antideficiency statute and the award of prejudgment interest.

Stipulated Facts

The parties stipulated to the following facts:

Alleged Constructive Fraud

Mr. and Mrs. Jones first contend that the trial court erred in…

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