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Real Property
Commercial Property
Fraud

Loma Limited v. James T. Riner

Published: Mar. 5, 1994 | Result Date: Feb. 7, 1994 | Filing Date: Jan. 1, 1900 |

Case number: SCV265463 –  $170,000

Judge

Bob N. Krug

Court

San Bernardino Superior


Attorneys

Plaintiff

Mario W. Mainero Jr.

Jan Zemanek


Defendant

Bruce M. Leyden


Experts

Defendant

Naomi A. Bernstein
(technical)

Ray Alexander
(technical)

Facts

In December of 1989, Defendant James T. Riner, a real estate broker executed a real estate commission agreement with Plaintiff Loma, Ltd., the seller, for the sale of a shopping center. Escrow closed in April of 1990. Defendant broker paid half of his commission to the buyer's president, an unlicensed person, without disclosure to the seller, a Chapter 11 debtor in possession.

Settlement Discussions

Plaintiff contended they made a demand for $100,000 and Defendant offered $20,000 to be paid in a 4-year structure.

Damages

$170,000 (50% of the commission) plus interest and legal fees.

Deliberation

5 hours

Poll

9-3

Length

7 days


#77753

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