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Real Property
Breach of Fiduciary Duty
Negligence

Mark Bertram, Lisa Bertram v. Janelle Wantink, et al.

Published: Jun. 17, 2003 | Result Date: Feb. 4, 2003 | Filing Date: Jan. 1, 1900 |

Case number: BC258698 Verdict –  $258,476

Judge

Thomas L. Willhite Jr.

Court

L.A. Superior Central


Attorneys

Plaintiff

David G. Halm
(Quintairos, Prieto, Wood & Boyer, P.A.)

Warren K. Miller


Defendant

Brian R. Shumake


Facts

The defendant represented the plaintiffs as their real estate broker in the purchase and sale of residential property. After the close of escrow, the plaintiffs discovered defects on the property including inadequate drainage and lack of unrestricted access to their residence. The plaintiffs sued the defendant for fraud, negligent misrepresentation, constructive fraud, breach of fiduciary duty, negligence, breach of the covenant of good faith and fair dealing, and the negligent infliction of emotional distress.

Settlement Discussions

The parties participated in numerous settlement discussions and mediation before Peter J. Searle.

Damages

The plaintiffs claimed damages of $119,304 in out-of-pocket costs plus emotional distress and punitive damages.

Result

$70,000 (for negligence); $70,000 (breach of fiduciary duty); $50,000 (negligent infliction of emotional distress); $68,476 (fraud)

Deliberation

three days

Length

eight days


#107342

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