Alkop Agriservices v. Gaimpoli
Plaintiffs Alkop Agriservices, Inc., Robert Allen, and Kathleen Martinelli sued Peter Giampaoli and his Individual Retirement Account (IRA) (the Giampaoli defendants) for interference with prospective business advantage and infliction of emotional distress after Giampaoli acquired property that Alkop Agriservices had formerly owned. Plaintiffs appeal from a judgment in favor of the Giampaoli defendants. They contend the trial court erred in sustaining the demurrer to the emotional distress claims on statute of limitations grounds because these claims related back to the original complaint and thus were timely. They also contend the trial court erred in granting summary judgment on the interference with prospective business advantage claim for both procedural and substantive reasons. Plaintiffs contend the trial court granted summary judgment on a basis as to which the Giampaoli defendants did not give notice. Further, they contend the trial court erred in excluding, under Evidence Code section 1119, a settlement agreement because the agreement was reached outside of mediation. Court find the trial court ruled correctly on both the demurrer and the summary judgment motion and affirm the judgment.
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