Ador and Rowena Lopez v. Jose Enos & Associates, et al.
Published: Jul. 26, 1997 | Result Date: May 19, 1997 | Filing Date: Jan. 1, 1900 |Case number: CV542726 Verdict – $0
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Nelson C. Barry III
(Law Office of Nelson C Barry III)
Experts
Plaintiff
Noel M. Lerner
(technical)
Clark Wallace
(technical)
Defendant
Geoff Zimmerman
(technical)
Facts
In September 1991, the defendant broker, Joseph Enos, represented plaintiff Ador Lopez and the defendant seller in a dual agency real estate transaction. The defendant seller sold the plaintiff a three-acre parcel with underground gas storage tanks. After the sale was completed, the tanks were removed and contamination was discovered. The plaintiff demanded rescission from the defendant seller and sued defendant Enos for malpractice. The plaintiff brought this action against the defendants based on professional negligence and malpractice, fraud, rescission and breach of fiduciary duty theories of recovery. The defendant seller settled before trial.
Settlement Discussions
The settlement discussions were not disclosed.
Damages
The plaintiff claimed $150,000 in damages.
Other Information
A mediation was held in September 1995 before a local attorney. A settlement conference was held on April 3, 1996 in Dept. 31 of Sacramento Superior Court. Neither resolved the matter. Defendant Enos filed a motion for attorney's fees, which was denied on grounds that the broker was not a party to the sales contract. Defendant Enos has appealed this ruling. The first trial, which lasted four days, resulted in a mistrial before the close of evidence. The second trial lasted three days.
Length
3 days
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