Paularino Holdings LP, Dr. Kamran Ghodsian, et al. v. Coldwell Banker Residential Brokerage, et al.
Published: Jul. 14, 2007 | Result Date: May 15, 2007 | Filing Date: Jan. 1, 1900 |Case number: 05CC13271 Verdict – Defense
Court
Orange Superior
Attorneys
Plaintiff
Daron L. Tooch
(Hooper, Lundy & Bookman PC)
Defendant
Kevin J. Gramling
(Klinedinst PC)
Facts
Paularino Holdings, LP owned a two-story medical building in Costa, Mesa, California which contained a fully operational surgical center. Paularino hired a Coldwell Banker agent to help in the sale of the medical building and surgical center. Paularino and a prospective buyer exchanged numerous offers and counter-offers, and a sales contract was entered into in September of 2005.
According to court documents, Paularino told the buyer a few weeks before escrow closed that the license to operate the surgical center would not be transferred without an additional $400,000. The buyer refused and filed a Temporary Restraining Order to prohibit Paularino from returning the license to the Department of Health Services. The dispute was settled under confidential settlement terms.
Paularino sued Coldwell Banker and its agent for negligence and breach of fiduciary duty.
Settlement Discussions
Paularino demanded $750,000 to settle the case.
Result
The jurors rendered a defense verdict on all claims for Coldwell Banker Residential Brokerage and its agent. The jury found that the agent's actions did not result in any actionable damages for Paularino.
Other Information
Paularino asked the jury to award $780,000 to $940,000.
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