Duncan

Duncan v. McCaffrey Group, Inc.

Caution
133 Cal. Rptr. 3d 280·200 Cal. App. 4th 346·2011 Cal. App. LEXIS 1347
Court of Appeal of CaliforniaOctober 28, 2011No. F060922California14,055 words

Opinion

Lead Opinion

Cornell, J.

Plaintiffs David Duncan,' Lynne Y. Duncan, Michael V. Fillebrown, Gerald Lung, Jeannie Lung, the Lung Family Revocable Trust, Richard Marino, Angela Marino, Weldon K. Schapansky, individually and as the sole beneficiary of the Grabe, Schapansky, Moss, Levy & Julian DDS PC 401 Retirement Plan, Noah Sever, Linda Washington, Carl D. West, and Chung C. Faulkner (hereafter collectively, plaintiffs) appeal from the judgment entered after the trial court sustained the demurrers filed by defendants The McCaffrey Group, Inc., McCaffrey Home Realty, Robert A. McCaffrey, McCaffrey Development LP, Bullard Grantland No. 1, Inc., and Ron Pottoiff (hereafter collectively, defendants) 1 to plaintiffs’ sixth amended complaint.

Defendants are the developers of a tract of land marketed as the Treviso Custom Home Development (hereafter the Development). Plaintiffs are individuals who purchased lots from defendants with the intent to build custom homes on each lot, with some having completed construction on their homes.

The complaint alleged, in essence, that plaintiffs paid a premium price for their lots because the Development was marketed as one that would be limited to custom homes with…

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