Mandeep Behniwal, Amandeep Behniwal v. Gene C. Mix, Joanne Mix, Pickford Realty Ltd. dba Prudential California Realty, Kim Seidenberg
Published: Jun. 29, 2004 | Result Date: Apr. 1, 2004 | Filing Date: Jan. 1, 1900 |Case number: 02CC15982 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Barry A. Ross
(Barry A. Ross APC)
Defendant
Michael G. York Jr.
(WHGC PLC)
Jane A. Rheinheimer
(Rheinheimer Smigliani APC)
Experts
Plaintiff
Jim Butts
(technical)
Defendant
Richard A. Snyder CRE
(technical)
Randy A. Tagg
(technical)
Facts
This action concerns a real estate purchase contract regarding the residential property at 38 Valley Road in Irvine. The defendants, Gene and Joanne Mix, were the owners of the property. The plaintiffs, Mandeep and Amandeep Behniwal were the prospective purchasers of the property. Kim Seidenberg of Pickford Realty, Ltd. dba Prudential California Realty was the real estate agent for the Mixes. Seidenberg signed the Mixes' names to the contract. According to Seidenberg, she signed the contract at the verbal request and authorization of the Mixes with the understanding that the Mixes would afterwards sign their names to the contract. According to the Mixes, Seidenberg was not requested or authorized by them to sign their names to the contract. Seidenberg did not disclose to the plaintiffs that she signed the Mixes' names to the contract. The Mixes never did sign the contract. The court determined that the plaintiffs are not entitled to specific performance of the contract against the Mixes because the Mixes did not sign the contract and the Mixes did not ratify the contract in writing. The case then proceeded to a jury trial.
Injuries
The Mixes claimed emotional distress damages.
Result
The jury awarded the plaintiffs attorneys fees. The jury also required Seidenberg and Prudential to reimburse the plaintiffs for the attorneys fees that the plaintiffs became obligated to pay the Mixes from the specific performance action in which the contract gave attorneys fees to the prevailing party. The jury also awarded the plaintiffs the deposit of $10,000 and interest thereon, and escrow expenses of $350. The jury denied any recovery by the Mixes. The jury rejected the request by the plaintiffs and the Mixes for punitive damages against Seidenberg.
Deliberation
two days
Poll
12-0
Length
six days
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