Orsi

RSB Vineyards, LLC v. Orsi

Good Law
15 Cal. App. 5th 1089·2017 Cal. App. LEXIS 852·223 Cal. Rptr. 3d 458
Court of Appeal of CaliforniaSeptember 29, 2017A143781; A145029California5,524 words

Opinion

lead Opinion

Jenkins, J.

*461 *1092 This is a breach of warranty action in the absence of a warranty. Plaintiff RSB Vineyards, LLC (RSB) purchased a vineyard jointly owned by the four defendants, including a residence that defendants had renovated and converted into a wine tasting room. RSB later learned that the renovated residence was structurally unsound for commercial use and was forced to demolish it.

In response to RSB's lawsuit claiming misrepresentations and omissions in connection with the sale of the residence, defendants moved for summary judgment, offering evidence they had no knowledge of the various deficiencies in the building. While RSB provided no evidence to suggest defendants had actual knowledge of the problems, it did demonstrate that the deficiencies were so severe that defendants' construction professionals should have been *1093 aware of them and argued that this knowledge was imputed to defendants. The trial court granted summary judgment, reasoning that defendants could not be held liable for nondisclosure in the absence of evidence they had actual knowledge of the facts to be disclosed. We agree and affirm. 1

BACKGROUND

This action grows out of RSB's August 2011 purchase from…

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