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Real Property
Fraud
Misrepresentation

Luri v. Greenwald et al.

Published: May 18, 2002 | Result Date: Aug. 30, 2001 | Filing Date: Jan. 1, 1900 |

Case number: SC062968 Bench Decision –  $0

Judge

Valerie L. Baker

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Sheldon M. Kaufman


Defendant

John D. Guerrini

David Krough


Facts

The case concerned real property located in Venice, Calif. The defendants had sold property to the plaintiff in
May, 1997. The defendants were represented by Linda Lackey of Jon Douglas, both of whom were also sued
by the plaintiff. The plaintiff was represented in the transaction by her broker, Dan Kolodzjieski. Escrow closed
on May 15, 1997. Prior to the closing of escrow, the plaintiff researched the property history, including a
review of permits that had been issued for the property.
In June 1997, the plaintiff discovered what she claimed was mold in the home. On June 13, 1997, the
plaintiffÆs attorney wrote to the escrow company to demand that the $5000 in escrow be held or interplead due
to the failure to disclose, concealment and intentional and negligent fraud. On June 15, 1999, the plaintiff sued
her appraisers, the bank that had funded the loan and the bankÆs appraisers.
The plaintiff lost that suit on summary judgment, and subsequently, on Aug. 30, 2001
instituted this action.

Other Information

The plaintiff had stated that she intended to file a first amended complaint but had never done so. The broker Lackey and the sellers moved for summary judgment and those motions were granted. The plaintiff failed to file a timely opposition to the motions. The court ordered a judgment in favor of the defendants and against the plaintiff for all costs and attorney fees. The plaintiff has filed an appeal.


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