Kevin So v. Kevin Kondas

MEMORANDUM

Kevin So appeals the district court’s grant of summary judgment in favor of appellees Kevin Kondas, KM & Associates International, LLC, KB & M Projects International, LLC, CTL Projects International, LLC, and Mira Meltzer (collectively the Kondas appellees) on the basis that So’s claims were time-barred because he was on inquiry notice by the fall of 2005. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

1. Considering the evidence in the light most favorable to So, the non-moving party, and drawing all justifiable inferences in his favor, there exists a genuine issue of material fact regarding when So “suspect[ed] or should [have] suspect[ed] that [his] injury was caused by wrongdoing, that someone [had] done something wrong to [him].” Vaca v. Wachovia Mortg. Corp., 198 Cal.App.4th 737, 743 , 129 Cal.Rptr.3d 354 (2011) (citation and internal quotation marks omitted); see also Rezner v. Bayerische Hypo-Und Vereinsbank AG, 630 F.3d 866, 871 (9th Cir.2010) (summary judgment standard). In view of the assurances So received in the fall of 2005 from his fiduciary and the existence of a letter of instruction to the investment bank, a genuine issue of…