Dietrich Aufenacker v. Re/Max South County and Robert J. Oakes
Published: Aug. 3, 1996 | Result Date: Jun. 28, 1996 | Filing Date: Jan. 1, 1900 |Case number: 745658 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Herb Josepher
(technical)
Defendant
Barbara A. Amstadter
(technical)
Facts
On July 13, 1993, the plaintiff, Dietrich Aufenacker, and the seller entered into a real property sale transaction involving the exchange of the plaintiff's smaller property for the sellers' larger property which was valued, for purposes of the exchange, at $850,000. As part of the exchange, the plaintiff took back a purchase money second deed of trust on his smaller property. Fourteen months later, the buyers defaulted on the second trust deed. The plaintiff brought this action against the defendants, the real estate broker and agent, based on breach of fiduciary duty and professional negligence.
Settlement Discussions
The settlement discussions were not disclosed.
Damages
The plaintiff claimed $100,000 in actual damages, plus punitive damages.
Other Information
The verdict was reached approximately one year and two months after the case was filed. A settlement conference/arbitration/mediation was held on _____/_____/19___ before ________________ (name) of __________________ (affiliation or court) resulting in _______________________.
Deliberation
2+ hours
Poll
11-1 (negligence); 10-1-1 (breach of fiduciary duty)
Length
7 days
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