This section contains the nature of the case and procedural background.

P sued D for fraud alleging that D lied to P about certain aspects of a newly constructed home and the location of the home on the real property. P alleged that the home was sold for $6,500 but was worth only $3,000. D denied the allegations and plead that the action was barred by two prior actions. D moved for summary judgment. In the first suit, P sued for fraud and failure of consideration and failed to amend the complaint and it was dismissed. P then sued under Section 473 and relief was denied (rescission). No appeal was taken. P then instituted the present action. D's motion was granted. P appealed.

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