Cota v. Jones

Citations

• 2 Cal. Unrep. 131

Syllabus

<p>Superior Court’s Jurisdiction—Breach of Confidence.—The constitution clothes the superior courts with jurisdiction of all cases where breach of confidence is shown.</p> <p>Fraud.—In a Suit by a Cestui Que Trust Against a Trustee, a complaint that sets out fraud and asks accordingly for a restoration of property as the relief states facts sufficient to constitute a cause of action.</p> <p>Estates of Decedents.—A Conveyance Fraudulently Obtained, in deference to which the probate court has distributed the grantor’s share of the estate to- the grantee, does not estop the grantor, proceeding without undue delay, to sue for a restoration, setting out the fraud in his complaint.</p> <p>Fraud—Laches—Limitation of Actions.—There is no stale claim disclosed and the statute of limitations is no bar, if a plaintiff, in an action for relief from a fraud practiced upon her, discovered the fraud only within two months of bringing suit.</p> <p>Fraud—Laches—Discovery by Counsel.—In a complaint setting out fraud and objected to as revealing delay in bringing the action, it is sufficient to refer to investigation by counsel as the means whereby the fraud was unearthed, when the plaintiff is unused to business, ignorant, and unacquainted with the language.</p>