Brasier

Brasier v. Sparks

Good Law
17 Cal. App. 4th 1756·1993 Cal. App. LEXIS 885·22 Cal. Rptr. 2d 1·93 Daily Journal DAR 10841·93 Cal. Daily Op. Serv. 6309
Court of Appeal of CaliforniaJuly 29, 1993C014820California1,279 words

Opinion

Opinion

Sims, J.

In this action alleging breach of contract, fraud, misrepresentation, and negligence in the sale of residential real property, plaintiffs/buyers Jess Brasier, Deborah Brasier, J. Raymond Brasier and Christine Hansen appeal on the judgment roll from a judgment following court trial in favor of defendant/seller Melvin E. Sparks. Plaintiffs contend (1) the trial court erred in finding defendant not liable for failure to disclose building code violations regarding the property sold by defendant to plaintiffs, as assertedly required by Civil Code section 1102 et seq.; and (2) the evidence is insufficient to support the trial court’s determination of the value of the property and the absence of damages. We will affirm the judgment.

Factual and Procedural Background

The following facts are taken from the trial court’s tentative statement of decision which by its own terms became the court’s statement of decision upon the parties’ failure to file objections to the decision.

Defendant and his late wife purchased the subject property in 1978. They and their family placed two mobilehomes on the property as residences— with county permits. In 1979, a county inspector noticed some…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.