Group items matching

in title, tags, annotations or url

Human Resources/EO Institutional Research ITS ITS Online Service CenterKimbel Library Mail Services Meal Plan Moodle Login Office 365 Information Office 365 LoginOmbuds Services Payroll PeopleAdmin Administrative Portal (HR System)PeopleAdmin Transition Information Perceptive Content Perceptive Content LoginProvost OfficePublic Meetings Registrar's Office Sponsored Programs and Research Services Student Directory

Another pertinent factor is that there was a fiduciary relationship 440*440 between the parties at the time of the fraudulent representations. [16] Although the general rules relating to pleading and proof of facts excusing a late discovery of fraud remain applicable, it is recognized that in cases involving such a relationship facts which would ordinarily require investigation may not excite suspicion, and that the same degree of diligence is not required. In Rutherford v. Rideout Bank, 11 Cal.2d 479, 486 [80 P.2d 978, 117 A.L.R. 383], it was said that because of such a relationship plaintiff could not be charged with lack of diligence even though an inquiry would have disclosed the true value of the property involved. (See, also, Bainbridge v. Stoner, 16 Cal.2d 423, 430 [106

Defendants argue that the fiduciary relationship terminated when the sale was completed and that plaintiff was no longer entitled to the benefit of the rule. [17] The relationship, nevertheless, did exist at the time of the asserted fraud, and plaintiff was under no duty to make a complete search and re-examination of the entire transaction immediately after it took place merely because the fiduciary relationship between the parties was terminated thereby. Under these circumstances, it was for the jury to determine whether it was negligence for plaintiff, after completion of the transaction, to continue to rely upon the representations that were made while he was a stockholder.

15b] Defendants contend, however, that certain facts indisputably known to plaintiff were sufficient to put him on inquiry. These contentions must be examined in the light of the rule announced in Northwestern P. C. Co. v. Atlantic P. C. Co., 174 Cal. 308, 312 [163

hey assert that a conspiracy terminates when the primary object of the conspiracy is complete

. Further, as discussed immediately below, it misconstrues the notion of the "primary object" of a conspiracy.

(3) We agree with defendants that for purposes of the statute of limitations, a conspiracy terminates upon the completion of its primary object; acts committed subsequent to such completion cannot be deemed overt acts in the furtherance of the conspiracy. (People v. Zamora (1976) 18 Cal.3d 538, 554, fn. 12, 560 [134 Cal. Rptr. 784, 557 P.2d 75]