In Re Pathfinder Iii, Debtor. Martin/brattrud Properties Robert L. Brattrud Roslyn Martin v. Pathfinder III Pathfinder IV

53 F.3d 339 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re PATHFINDER III, Debtor. MARTIN/BRATTRUD PROPERTIES; Robert L. Brattrud; Roslyn Martin, Plaintiffs-Appellants, v. PATHFINDER III; Pathfinder IV, Defendants-Appellees. Nos. 93-56181, 93-56509. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 8, 1995. Decided April 14, 1995. IN PART, REVERSED IN PART, REMANDED. Before: BROWNING, D.W. NELSON, and HAWKINS, Circuit Judges. 1 MEMORANDUM * I. 2 California's parol evidence rule does not bar Martin/Brattrud from presenting evidence of factual misrepresentations in support of its claim of fraudulent concealment. Brattrud alleges that he asked Patton on August 9, 1989, "How certain is it that General Dynamics will stay and renew their lease ...?" and that Patton responded that General Dynamics "had just recently renewed [its] lease on [a] "sister" building ... and that since the two buildings were 'tied' together through a series of underground…