How have the courts treated the findings of misrepresentation and coercion?

California, United States of America


The following excerpt is from Pongputmong v. City of Santa Monica, 15 Cal.App.4th 99, 18 Cal.Rptr.2d 550 (Cal. App. 1993):

Appellant next claims in essence that the findings of misrepresentation and coercion made by respondents are not supported by the record. However, the amended writ petition filed in superior court claimed only that the conversion applications be deemed approved as a matter of law because of inaction by respondents. It did not challenge respondents' findings of misrepresentation or coercion. Having failed to challenge these findings below they are not now cognizable on appeal. (See Henry v. Alcove Investment, Inc. (1991) 233 Cal.App.3d 94, 100-01, 284 Cal.Rptr. 255; Tielsch v. City of Anaheim (1984) 160 Cal.App.3d 570, 574, 206 Cal.Rptr. 738.)

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