March 5, 2013 CV 2012 5842 O Neal V Mumford
STATE OF IDAHO ) County of KOOTENAI )ss FILED______________________ AT___________ O'Clock _____M CLERK OF DISTRICT COURT ___________________________ Deputy IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF KOOTENAI JOSEPH P. O'NEAL, ) Case No. CV 2012 5842 ) Plaintiff, ) MEMORANDUM DECISION AND vs. ) ORDER ON DEFENDANTS’ MOTION ) FOR SUMMARY JUDGMENT AND ALBERT MUMFORD and MARCIA BELLES ) DEFENDANTS’ MOTION TO STRIKE MUMFORD, husband and wife, ) ) Defendants. ) ) ) I. PROCEDURAL HISTORY AND FACTUAL BACKGROUND. This matter is before the Court on defendants’ Albert and Marcia Mumford (Mumfords) motion for summary judgment. On August 7, 2012, plaintiff Joseph O’Neal (O’Neal) filed his Complaint against Albert Mumford and Marcia Belles Mumford, husband and wife (Complaint, p. 1), (hereafter the “Mumfords”) requesting rescission of a land sale contract, or in the alternative, damages, as well as pre-judgment interest, under the theory of fraudulent non-disclosure. The basis of O’Neal’s complaint is the Mumfords sold him the property at issue, knowing the property was classified as non-buildable and the land itself was sliding, without disclosing this information to O’Neal. Complaint, p. 6. Mumfords filed their Answer on October 23, 2012, denying the pertinent allegations set forth in the Complaint. Answer, pp. 1-3. Mumfords raise various affirmative defenses. Id., p. 3. MEMORANDUM DECISION AND ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS’ MOTION TO STRIKE Page 1 On January 15, 2013, Mumfords filed their Motion for Summary Judgment, Memorandum in Support of Summary Judgment, Affidavit of Marcia Mumford and Affidavit of Michael G.
[Show full text]