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HINESLEY v. OAKSHADE TOWN CENTER

No. C045865.

37 Cal.Rptr.3d 364 (2005)

135 Cal.App.4th 289

Barry HINESLEY, Plaintiff, Cross-Defendant and Appellant, v. OAKSHADE TOWN CENTER, Defendant, Cross-Complainant and Respondent.

Court of Appeals of California, Third District.

November 29, 2005.

Attorney(s) appearing for the Case

Jay-Allen Eisen Law Corporation and C. Athena Roussos, Sacramento, for Plaintiff, Cross-Defendant and Appellant.

Law Office of Watson, Khachadourian & Iams, Gilbert Khachadourian, Sacramento, for Defendant, Cross-Complainant and Respondent.

CANTIL-SAKAUYE, J.

Plaintiff Barry Hinesley (Hinesley) challenges on appeal the summary judgment granted defendant Oakshade Town Center (Oakshade) on Hinesley's first amended complaint for fraud and rescission of his commercial lease with Oakshade. Hinesley contends Oakshade did not conclusively negate or show Hinesley could not prove an essential element of his case. We disagree and shall affirm the judgment.

BACKGROUND

In July 1998 Hinesley signed...

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