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Lopes v. De La Salle Institute

Lopes v. De La Salle Institute
08:30:2006

Lopes v. De La Salle Institute




Filed 8/17/06 Lopes v. De La Salle Institute CA2/8







NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS







California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND APPELLATE DISTRICT



DIVISION EIGHT











WILLIAM LOPES,


Plaintiff and Appellant,


v.


DE LA SALLE INSTITUTE et al.,


Defendants and Respondents.



B185910


(Alameda County


Super. Ct. JCCP No. 4359;


San Francisco


Super. Ct. CGC-05-438170)




APPEAL from a judgment of the Alameda County Superior Court. Ronald M. Sabraw, Coordination Judge. Affirmed.


Gough & Company, Kerry M. Gough; Jeremy L. Friedman for Plaintiff and Appellant.


Orrick, Herrington & Sutcliffe, George A. Yuhas, William L. Riley; Tobin & Tobin, Paul E. Gaspari, John P. Christian and Molly O. Barton for Defendants and Respondents.


____________________________


Plaintiff William Lopes appeals from the summary judgment entered in favor of defendants De La Salle Institute and David Brennan after the trial court found that the terms of an earlier settlement agreement barred Lopes's action for fraud in the inducement of that settlement. We affirm.


FACTS AND PROCEDURAL HISTORY[1]



William Lopes contends he was sexually abused by Joseph Jesse Gutierrez, a brother working as a counselor at De La Salle High School (the school), the Catholic school he attended from 1977 through 1981.[2] In March 2002, Lopes met with Brother David Brennan, the school's provincial.[3] According to Lopes, he was not contemplating litigation at that time, and the meeting was designed solely so he could reveal what had happened years earlier to â€





Description Plaintiff appeals from the summary judgment entered in favor of defendants after the trial court found that the terms of an earlier settlement agreement barred Plaintiff's action for fraud in the inducement of that settlement. Court affirm.
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