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CONFIDENTIAL

Apr. 11, 1998

Real Property
Broker Fraud
Sale of Residence

Confidential

Settlement –  $50,000

Judge

Kenneth R. Freeman

Court

L.A. Superior Central


Attorneys

Plaintiff

John S. Gleason

Richard K. Bridgford
(Bridgford, Gleason & Artinian)


Defendant

Samuel H. Kraemer


Experts

Plaintiff

Wayne J. Scott
(technical)

Alan D. Wallace
(technical)

Defendant

Temmy Walker
(technical)

Delmer Losson
(technical)

Facts

On June 17, 1993, plaintiff purchased a home in Los Angeles through defendant brokerage company. The plaintiff contended that his broker negligently misrepresented the square footage of the home. Per plaintiff, the defendants contended they informed the plaintiff that the square footage of the home was unverified. Per defendants, they contended they had no reason to believe that the information received from the seller and tax assessor's office was incorrect. The plaintiff brought this action against the defendants based on a constructive fraud theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $90,000. According to plaintiff, the defendants made a C.C.P. º998 offer of compromise for $5,000.

Damages

The plaintiff claimed over $100,000 in damages.

Other Information

The settlement was reached approximately one year and nine months after the case was filed. MEDIATION: A mediation was held on June 30, 1997, before Jane Guerini, Esq., resulting in no settlement.


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