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Real Property
Negligent Misrepresentation
Breach of Fiduciary Duty

Zohar Management LLC v. Hollaway Drive LLC

Published: May 31, 2024 | Result Date: Mar. 1, 2024 | Filing Date: Feb. 24, 2020 |

Case number: 20STCV07655 Verdict –  Defense

Judge

Michael P. Linfield

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Thomas J. Weiss
(Weiss & Zaman)

Jacob N. Segura
(Jacob N. Segura, ALC)


Defendant

Esther P. Holm
(Lewis, Brisbois, Bisgaard & Smith LLP) for Compass California Inc.

Alexandra N. Anast
(Lewis, Brisbois, Bisgaard & Smith LLP) for Compass California Inc.

Raul L. Martinez
(Lewis, Brisbois, Bisgaard & Smith LLP) for Compass California Inc.


Facts

The property at issue, which was located in the West Hollywood Hills and had beautiful views, was undergoing extensive remodeling. There were several bids for its purchase. Ultimately, the plaintiff, Zohar Management LLC, a real estate investor, was awarded the purchase.

Plaintiff and the seller entered into a real estate purchase agreement, but plaintiff failed to release the physical contingencies within the 17-day period prescribed by the contract. Instead, plaintiff demanded a reduction in price, which the seller rejected. Plaintiff then filed a lis pendens on the property, clouding the title and making it impossible for the sellers to sell the property to anyone else. The buyer and seller subsequently engaged counsel.

Plaintiff filed the lawsuit against the seller as well as the real estate company and its agents. Prior to trial, plaintiff and the seller reached a settlement.

The case against the realtor defendants proceeded to trial in downtown Los Angeles on claims of intentional and negligent misrepresentation of facts, concealment, professional negligence and breach of fiduciary duty.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff claimed intentional/negligent misrepresentation of facts, concealment, professional negligence and breach of fiduciary duty. Plaintiff sought punitive damages against all the defendants.

Result

Unanimous defense verdict.

Length

five days


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