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PAULARENA v. SUPERIOR COURT

Docket No. 7930.

231 Cal.App.2d 906 (1965)

42 Cal. Rptr. 366

CHARLES PAULARENA et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY et al., Respondents; BOLLENBACHER & KELTON, INC., et al., Real Parties in Interest.

Court of Appeals of California, Fourth District.

January 28, 1965.

Attorney(s) appearing for the Case

Smith, Prante & Biggins and Stafford W. Prante for Petitioners.

No appearance for Respondents.

Fredman, Karpinski, Silverberg & Shenas and Charles Elwyn Karpinski for Real Parties in Interest.

COUGHLIN, J.

The petitioners were the purchasers of homes under land sales contracts. In July 1962 they filed a complaint in the respondent court alleging causes of action for damages sustained in connection with such purchases on account of the violation of statutory duties, negligence, breach of warranty, fraud and rescission. In the cause of action based on rescission petitioners alleged that, pursuant to the terms of their contracts, they had conferred benefits...

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