Successful Defense of Real Estate Brokerage Firm and its Agent
Mark S. Perelman and Jason E. Fellner prevailed on appeal before the California Court of Appeal, First District, Division 1, wherein the court affirmed the trial court’s order and judgment sustaining the defendants’ demurrer without leave to amend. The lawsuit arose from the purchase and sale of a parcel of real property located in Napa, California.
On October 25, 2009, the Court of Appeal affirmed the underlying trial court judgment (see 10 Box Z, LLC v. Heritage Sotheby’s Intern. Realty, 2009 WL 3389887). The court held that the trial court correctly determined that the plaintiff did not adequately allege standing to bring the fraud claim and was time barred from filing negligence claims against the defendants. In addition, the court found that the trial court did not abuse its discretion in sustaining the demurrer without leave to amend. As a result of the appellate court’s decision, defendants are entitled to recover their costs from plaintiff.
Mark S. Perelman is a senior shareholder with the firm and focuses on the representation of professionals and businesses. Jason E. Fellner is an attorney in the firm’s professional liability and general litigation group.