California Court of Appeal

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COLDWELL BANKER RESIDENTIAL BROKERAGE CO., INC. v. SUPERIOR COURT OF SAN DIEGO COUNTY (SALAZAR), D042574

A minor whose asthma was caused by toxic mold in the house where he lived with his mother cannot state a cause of action against the seller's broker; under Civil Code section 2079, the broker owes no duty of care to persons who are not parties to the real estate transaction.

Appellate Information

  • Decided 03/29/2004
  • Published 03/29/2004

Judges

  • McCONNELL, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Gemmill, Thornton & Baldridge, Bruce M. Thornton and Carlos V. Yguico, Los Angeles, for Petitioner., Speckman & Associates and David L. Speckman for Real Party in Interest.

  • For Appellees:
  • No appearance for Respondent.
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