Respondent installed and supplied all materials

Appellant challenged the summary dismissal of his complaint by the Superior Court of Ventura County, (California), arguing that dismissal was improper where there were triable issues of material facts presented by the pleadings and the declarations, including interrogatories and answers thereto filed in support of the motion for summary judgment.

Respondent installed and supplied all materials and equipment called for by the contract. Appellant continued to use the materials and equipment after the initial 90-day period. Appellant's agent and respondent agreed and continued to agree on the terms of their oral and written agreements, which provided for the initial period of use and the rental fees for use after the initial period. Respondent performed according to the terms of these agreements. At trial, the court dismissed the action summarily. Hire one of the best Los Angeles employment attorneys who specialize in Employment laws.

On appeal, the court held that because the persons who entered into the agreements concurred on their terms, and there was actual performance of the agreements, there could not be any misrepresentation. Because there was no misrepresentation, there could be no falsity on the respondent's part. Therefore, the required element of justifiable reliance was lacking, and there was no proof of damage. Thus, the judgment was affirmed.

The appellate court affirmed summary judgment, finding no misrepresentation, fraud, deceit or triable issues of material facts upon which to base an action. The parties had concurred in their agreement and there was actual performance, which precluded any basis for an alleged misrepresentation.Petitioner prisoner was convicted of remaining on another's property after being notified by the owner to remove therefrom, and distributing handbills on premises of another without consent. The convictions were affirmed and the Court of Appeal, First Appellate District, Division Two (California) denied habeas corpus. The prisoner appealed.