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Steps To Find I phone 6.5 Serial Number Use Here. Crack empreware Torrents, Serial Keys, Serial Numbers, Crack keys. original incorrect instrument, under a “contract, usage, or custom to that effect.” Or, stated differently, if the plaintiff has no remedy under another provision of the Code because of an “extenuating or mitigating circumstance,” the remedy is not to be found under Code section 995 but must be found in the terms of that other section.
Finally, case law indicates that an action based on section 995 may be maintained. As one court explained, section 995 “must be satisfied before an action will be allowed….” (Ventura Aircraft Sales, Inc. v. Garlock, Inc. (1981) 122 Cal.App.3d 215, 222 [175 Cal.Rptr. 726].) Moreover, “In order for an action to be brought on a contract claim based on a mistake it is necessary for the plaintiff to allege and prove a state of facts which in law would justify his obtaining relief based on a mistake….” (Scott Co. v. Hudson (1961) 194 Cal.App.2d 407, 413 [15 Cal.Rptr. 261].)
*570 (6) As we have summarized, the parties have alleged facts in the defendants’ motion that would be sufficient to support an action based on mistake. The primary question, then, is whether the facts stated in the answer, plus the supporting documentation, show the existence of the factual basis, in accordance with the pleading rule announced in Ventura Aircraft Sales, Inc. v. Garlock, Inc., supra, 122 Cal.App.3d 215.
B. Facts Supporting A Cause of Action for Mistake
As noted, the cause of action pleaded is based on a mistake. The parties have alleged the following facts: In 2004, Maria and Leonid were involved in a dispute over whether certain real property had been fraudulently deeded to their children, which issue arose over a proposed sale of property to the children. The disputed property was Maria’s property. She was willing to sell but did not want to lose the children’s real property she had inherited from her parents. The dispute involved a property referred to as 538 Goldenrod Street, which Maria’s relatives had
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