Our client was sued for fraudulently selling an $11 million property with a single tenant, with the buyer claiming that our client lied about the tenant’s financial condition. During discovery, we learned that the buyer had no evidence of actual fraud, but was basing its claim on the later default of the tenant. As a result, we filed a motion to dismiss the case before trial, which was heard a month before the trial date. We received a “tentative” written ruling from the judge the day before the hearing, denying our motion and therefore affirming the trial date. At the hearing, however, we convinced the judge to change his mind. He granted our motion, dismissing the entire case.
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