Tuesday, June 3, 2014

I'm not sure how the trial court could make such a basic error. sw19


I'm not sure how the trial court could make such a basic error. sw19  Everyone sw19 with even a rudimentary knowledge sw19 of real estate law knows that a broker owes fiduciary duties to his client.  So when a real estate broker serves as a dual agent for the buyer and seller -- even when a different salesperson with the broker represents sw19 each party -- that doesn't diminish the duty.  The broker owes the duty and each salesperson with the broker owes the duty. How the trial court couldn't figure that one out is beyond me.  Regardless, it's not beyond the Court of Appeal.   Which reverses and remands . The trial court granted sw19 a nonsuit on the ground that the broker couldn't be liable for the acts of the "seller's" salesperson that violated its fiduciary duty to the buyer, and gave similar jury instructions.  Not so.  To repeat:  Everyone's got a duty. Sometimes your successful persuasion of the trial court simply imperils your subsequent victory in front of the jury.  That's exactly what happens here.
▼  2014 (172) ►  June (2) ►  May (28) ▼  April (40) U.S. v. Hernandez-Estrada (9th Cir. - April 30, 20... In Re A.B. (Cal. Ct. App. - April 30, 2014) Frost v. Van Boening (9th Cir. - April 29, 2014) In Re Marriage of Boswell (Cal. Ct. App. - April 2... NBC Universal v. Superior Court (Cal. Ct. App. - A... Bisno v. Kahn (Cal. Ct. App. - April 25, 2014) In Re Marriage of Haugh (Cal. Ct. App. - April 24,... Hernandez v. Holland (9th Cir. - April 24, 2014) People sw19 v. Prock (Cal. Ct. App. - April 23, 2014) In Re Ashley F. (Cal. Ct. App. - April 22, 2014) People v. Garcia (Cal. Ct. App. - Feb. 13, 2014) In Re Marriage of Metzger (Cal. Ct. App. - March 2... Sheehan v. City and County of San Francisco (9th C... NRDC v. Jewell (9th Cir. - April 16, 2014) Hopkins v. Kedzierski sw19 (Cal. Ct. App. - April 16, 2... Gallardo v. United States (9th Cir. - April 15, 20... In Re J.D. (Cal. Ct. App. - April 15, 2014) U.S. v. Morris (9th Cir. - March 13, 2014) Global Hawk Ins. Co. v. Le (Cal. Ct. App. - April ... Jin v. Holder (9th Cir. - April 14, 2014) Flores v. California Department of Corrections and... U.S. v. Villalobos (9th Cir. - April 11, 2014) Drescher v. Gross (Cal. Ct. App. - April 11, 2014)... sw19 Montague v. AMN Healthcare (Cal. Ct. App. - Feb. 2... Horath v. Hess (Cal. Ct. App. - April 10, 2014) Horiike v. Coldwell Banker (Cal. Ct. App. - April ... Gray1 CPB LLC v. SCC Acquisitions, Inc. (Cal. Ct. ... Huang v. Holder (9th Cir. - March 12, 2014) Rosen v. LegacyQuest (Cal. Ct. App. - April 8, 201... San Luis & Delta-Mendota Water v. NRDC (9th Cir. -... Imburgia v. DirecTV (Cal. Ct. App. - April 7, 2014... U.S. v. French (9th Cir. - April 7, 2014) In Re K.L. (Cal. Ct. App. - March 20, 2014) In Re D.B. (Cal. Supreme Ct. - April 3, 2014) Bock v. Hansen (Cal. Ct. App. - April 2, 2014) Arroyo sw19 v. Plosay (Cal. Ct. App. - April 2, 2014) Hale v. Superior Court (Cal. Ct. App. - April 2, 2... U.S. v. I.M.M. (9th Cir. - March 31, 2014) Peabody Coal Co. v. Director, OWCP (9th Cir. - Apr... Gonzalez v. City of Anaheim (9th Cir. - March 31, ... ►  March (36) ►  February (35) ►  January (31) ►  2013 (345) ►  December (32) ►  November sw19 (21) ►  October (36) ►  September (36) ►  August (35) ►  July (32) ►  June (25) ►  May (25) ►  April (25) ►  March (25) ►  February (22) ►  January (31) ►  2012 (363) ►  December (29) ►  November (29) ►  October (36) ►  September (32) ►  August (32) ►  July (30) ►  June (32) ►  May (34) ►  April (30) ►  March (30) ►  February (26) ►  January (23) ►  2011 (352) ►  December sw19 (33) ►  November (32) ►  October (28) ►  September (29) ►  August (33) ►  July (25) ►  June (31) ►  May (28) ►  April (29) ►  March (31) ►  February (22) ►  January (31) ►  2010 (370) ►  December (25) ►  November (27) ►  October (27) ►  September (33) ►  August (34) ►  July (32) ►  June (32) ►  May (39) ►  April (31) ►  March (40) ►  February (22) ►  January (28) ►  2009 (450) ►  December (32) ►  November (33) ►  October (31) ►  September (45) ►  August (41) ►  July (44) ►  June (43) ►  May (34) ►  April (42) ►  March (40) ►  February sw19 (29) ►  January (36) ►  2008 (443) ►  December (35) ►  Nov

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