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RIBEIRO v. COUNTY OF EL DORADO

No. C065505.

195 Cal.App.4th 354 (2011)

JOHNNY R. RIBEIRO, Plaintiff and Respondent, v. COUNTY OF EL DORADO, Defendant and Appellant.

Court of Appeals of California, Third District.

May 10, 2011.

Attorney(s) appearing for the Case

Mason • Thomas and Stephen A. Mason for Defendant and Appellant.

Banks & Watson, James J. Banks and Kelsey E. Papst for Plaintiff and Respondent.

OPINION

HOCH, J.—

A jury found in favor of Johnny R. Ribeiro against the County of El Dorado (County), finding Ribeiro had the right to rescind a tax-sale contract and recover his deposit, due to a unilateral mistake of fact caused by the County. The County timely appealed.

On appeal, the County contends the trial court should have granted its motion for a nonsuit because the doctrine of caveat emptor (buyer beware) applies at...

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