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Real Property
Fraud
Intentional Misrepresentation

Regina M. Morgan v. David Lee Adams, Frances Day Adams, Betty Enyart and Security Pacific Real Estate Brokerage

Published: Oct. 28, 2003 | Result Date: May 5, 2003 | Filing Date: Jan. 1, 1900 |

Case number: 01AS04136 Verdict –  $0

Judge

David W. Abbott

Court

Sacramento Superior


Attorneys

Plaintiff

Luke G. Conley III


Defendant

Gerald J. Beaudoin

Lawrence T. Ring


Facts

On July 2, 1998, the plaintiff, a 48 year-old female, purchased a single-family residence in Sacramento County from the defendants. After escrow closed, the plaintiff contended that the house flooded, causing damage and a loss in value of the property. The plaintiff sued the defendant sellers, their real estate agent and the brokerage, alleging fraud and intentional misrepresentation in the sale of residential property.

Settlement Discussions

The plaintiff demanded $1 Million. The defendants offered a waiver of costs.

Damages

The plaintiff claimed a loss in value of the property to zero. Her claimed loss was the entire $151,000 purchase price plus a claim for punitive damages based upon the intentional misrepresentation and fraud.

Other Information

The Court granted all of the defendants' motions for recoverable costs and granted the defendant sellers' motions for attorney's fees, per the purchase agreement, in the amount of $48,863. The plaintiff has filed an appeal.

Deliberation

two days

Length

six days


#83691

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