Court Cites Oral Representations in Reversing Summary Judgment

LOS ANGELES - A homeowner's assertion that he relied on a home inspector's inaccurate oral statements as to the condition of a house was sufficient to defeat the inspector's motion for summary judgment on negligence, a California appellate court said in reversing a trial court ruling for the inspector. Duncan v. Amerispec Home Inspection Service, et al., No. B187655 (Calif. Ct. App., 2nd Dist.).

California's 2nd Appellate District also rejected the home inspector's argument that the homeowner couldn't oppose summary judgment without some conclusive evidence, saying the inspector would also have to show that the plaintiff 'cannot reasonably obtain such …