VistaCamarillo Owners Assn. v. Citizens Business Bank
Plaintiff Vista Camarillo Owners Association (Vista) settled a previous construction defect lawsuit for approximately $3 million and subsequently hired a construction firm to repair the problems at the condominium complex. After a dispute arose between Vista and the construction firm and its affiliates, Vista filed a lawsuit alleging that defendants Citizens Business Bank (Citizens), Melissa A. MacDowall, Linda Batrin, and Jill Susan Minn conspired to embezzle the funds Vista received from the construction defect settlement through false statements, including grossly inflated project cost estimates and payment demands. Citizens, MacDowall, Batrin, and Minn filed separate motions for summary judgment, which the trial court granted. Vista contends the trial court erred in failing to prepare a written order describing the supporting evidence for its conclusion Vista did not show a triable issue of fact, and in concluding the statute of limitations barred Vistas claims.
Citizens and Minn, however, demonstrated they were entitled to summary judgment on other grounds, and Vista failed to address these issues in its briefing. Accordingly, Court affirm the trial courts summary judgment for Citizens and Minn.
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