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GRAEBNER v. JAMES

No. C 12-01694 WHA.

963 F.Supp.2d 938 (2013)

E. Bertita Trabert GRAEBNER, individually and as Trustee of the El Nora L. Trabert Irrevocable Trust, Tallie R. Trabert, individually and as Trustee of the El Nora L. Trabert Irrevocable Trust, T. Vernon Trabert, individually and as Trustee of the El Nora L. Trabert Irrevocable Trust, Plaintiffs, v. Michael E. JAMES, an individual, MNM Properties, LLC, a foreign limited liability company, Wm. Page & Associates, Inc., a foreign corporation, William Scott Page, an individual, and Does 1-50, inclusive, Defendants.

United States District Court, N.D. California.

July 25, 2013.

Attorney(s) appearing for the Case

Melinda Jane Steuer , Sacramento, CA, for Plaintiffs.

Michael E. James , New Buffalo, MI, Thomas N. Fitzgibbon , Pfeiffer Thigpen Fitzgibbon and Ziontz LLP, Santa Monica, CA, Brady James Cobb , Cobb Eddy Mijares , PLLC, Fort Lauderdale, FL, for Defendants.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

WILLIAM ALSUP, District Judge.

INTRODUCTION

In this action involving alleged fraud in the sale of "viatical life settlement contracts," a number of defendants move for summary judgment. As set forth below, because the undisputed facts establish that plaintiffs were on notice of the alleged fraud over three years before the filing of this action, defendants' motion for summary judgment is

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