Hogan v. DeAngelis Construction, Inc. CA1/2
This is our fifth opinion in this case, which arises out of Ronald and Victoria Hogan’s rescission of a May 2000 contract to purchase a home in Santa Rosa. In our first opinion, Hogan, et al. v. DeAngelis Construction, Inc., et al. (A117321, A118257, A120840, May 20, 2009) [nonpub. opn.] (Hogan I), we ruled that a portion of the damages award against the developers of the property was duplicative and instructed the trial court to strike that portion of the damages award. We also rejected the Hogans’ contention that the judgment did not require them to return the property, a provision we refer to as the return condition. (Hogan I, supra, at pp. 17, 22-23.)
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