Richard De La Riva v. Johnny Weatherspoon, Dawn Weatherspoon, Robert Varela, Stephen Lee Margolin
Published: Feb. 28, 2009 | Result Date: Dec. 11, 2008 | Filing Date: Jan. 1, 1900 |Case number: 30-2008-00101134 Bench Decision – Defense
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Roger J. Buffington
(Buffington Law Firm PC)
Kaden J. Kennedy
(Buffington Law Firm PC)
Facts
Plaintiff Richard De La Riva purchased property in a real estate transaction in which defendant Johnny Weatherspoon was the agent and defendant Stephen Margolin was the broker. Plaintiff sued defendants for wrongdoing related to a post-purchase deal concerning the property under theories of vicarious liability, respondeat superior, agency and partnership. Margolin moved for summary judgment.
Contentions
DEFENDANT'S CONTENTIONS:
Defendant Margolin contended the post-purchase transaction was outside the scope of Weatherspoon's agency, authority, or employment and that no partnership existed.
Damages
Plaintiff sought more than $25,000.
Result
In a summary judgment order, the court dismissed Margolin from the case.
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