Appellant real estate brokers sought review of a judgment
Procedural Posture
Appellant real estate brokers sought review of a judgment of the Superior Court of Los
Angeles County (California), which granted a new trial in favor of appellant limited
partnership, in appellant real estate brokers' action seeking damages for breach of contract
and fraud. Appellant limited partnership sought review of the superior court's judgment which
awarded damages to appellant real estate brokers.
Overview: civil attorney Los Angeles
Appellant limited partnership put its building on the market for sale and promised appellant
real estate brokers a commission for finding a buyer. Appellant real estate brokers found a
buyer. Appellant limited partnership assured appellants real estate brokers that no other
brokers were involved, reduced their commission, and gave itself a commission as a real
estate broker. Appellant real estate brokers filed an action seeking damages for breach of
contract and fraud. The superior court entered a judgment which awarded appellee real
estate brokers compensatory and punitive damages. Appellant limited partnership filed a
motion for new trial. The superior court ordered that a new trial was granted unless appellant
real estate brokers agreed to a reduction of damages. Appellant real estate brokers did not
accept the reduction and sought review of the grant of new trial. Appellant limited partnership
filed a cross-appeal. The court reversed the order granting a new trial because the superior
court failed to comply with Cal. Civ. Proc. Code § 657, and file its reasons for grant of a new
trial. The court affirmed the award of damages to appellee real estate brokers.
Outcome
The court reversed the superior court's order that granted a new trial in favor of appellant
limited partnership and held that the superior court failed to file its statement of reasons for
granting a new trial within 10 days after it granted a new trial. The court affirmed the award
of damages to appellant real estate brokers and ordered that they recover their costs on
appeal.