California Court of Appeal

A realtor who is sued for negligent nondisclosure of defects in real property may obtain equitable indemnity from a home inspection company that allegedly breached its duty to the purchaser to discover and disclose the same defects, even in connection with a previous transaction involving the property, if the company knew that its report would be used in subsequent transactions involving the property.

Appellate Information

• Decided 02/01/2001
• Published 02/01/2001

Judges

• COFFEE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Randall J. Kelley and Natalie Blake, Encino, for Cross-complainants and Appellants Blago Leka dba Century 21 Adobe Realty, Joe Pallat and Sherry Oyler., June Babiracki Barlow; Greines, Martin, Stein & Richland, Kent L. Richland, Edward L. Xanders, Beverly Hills, for Amicus Curiae California Association of Realtors on behalf of Cross-complainants and Appellants., Blatz, Pyfrom & Associates, Gregory C. Pyfrom, Ventura, for Objector and Appellant, Gregory C. Pyfrom.


• For Appellees:
  
• Gaglione & Dolan, Jeffrey S. Kaplan, Los Angeles, for Cross-defendant and Respondent Cornerstone Building Inspection Service., Blatz, Pyfrom & Associates, Lindsay Joachim and Gregory C. Pyfrom, Ventura, for Cross-defendants and Respondents, D-Way Fire Inspection Service and Crystal Home Inspections.