Mortazavi

I.

INTRODUCTION

Petitioners Majid Mortazavi (Majid) and his wife, Soodabeh Mortazavi,

(collectively "the Mortazavis") purchased a parcel of real property (the Property) from

real party in interest, Pardee Homes (Pardee), in 2004. The Mortazavis sold the Property

to Glynis Sive in 2011. The following year, Sive filed a complaint against the

Mortazavis. In her complaint, Sive alleged that during the sale transaction, the

Mortazavis falsely represented that the Property did not encroach on any adjoining

properties. Sive's complaint contained six claims, including fraud, breach of contract,

negligent misrepresentation, and three rescission-based causes of action. The Mortazavis

cross-complained against Pardee for equitable indemnity and for declaratory relief and

tort of another, related to the equitable indemnity claim. The essence of the Mortazavis'

claims was that Pardee failed to properly "represent and mark the boundary of the

Property," and that the Mortazavis had "relied on the representations of [Pardee] which

led to [Sive] suffering the damages in the Complaint, if any."

Pardee filed a motion for summary judgment. In its briefing, Pardee argued that…