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NMSBPCSLDHB v. COUNTY OF FRESNO

No. F050094.

61 Cal.Rptr.3d 425 (2007)

152 Cal.App.4th 954

NMSBPCSLDHB, Plaintiff and Appellant, v. COUNTY OF FRESNO, Defendant and Respondent.

Court of Appeal of California, Fifth District.

June 26, 2007.

Attorney(s) appearing for the Case

Marks, Golia & Finch, Davide Golia, Louis J. Blum, San Diego; Dowling, Aaron & Keeler and Lynne Thaxter Brown, Fresno, for Plaintiff and Appellant.

McCormick, Barstow, Sheppard, Wayte & Carruth, Marshall C. Whitney, Timothy J. Buchanan, Fresno; Dennis A. Marshall, County Counsel, and Kevin B. Briggs, Chief Deputy County Counsel, for Defendant and Respondent.

OPINION

CORNELL, J.

NMSBPCSLDHB (NMS) contracted with the County of Fresno (the County) to sell a parcel of unimproved land to the County. NMS sued the County for breach of contract and rescission. The trial court dismissed the claim for breach of contract and denied NMS's demand for a jury on the claim for rescission. The trial court then found that NMS had no valid ground for rescission of the contract.

The only issue raised by NMS here is whether...

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