California Court of Appeal

Judgment of damages for plaintiff in a real estate fraud case involving plaintiff's contract to buy an encumbered house is affirmed where there was no error in trial court's allowing a jury to include lost appreciation in the value of plaintiff's sold home, and lost use of plaintiff's property in the measure of recovery.

Appellate Information

• Decided 01/12/2006
• Published 01/12/2006

Judges

• POLLAK, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Jeffrey J. Allen, Jeffrey J. Allen, Law Office of Rose M. Zoia, Rose M. Zoia, Glen Ellen, Counsel for plaintiff and appellant John P. Strebel., June Babiracki Barlow, Los Angeles, and Grant M. Habata for California Association of Realtors as amicus curiae on behalf of Brenlar Investments, Inc. and Haya Smith.


• For Appellees:
  
• Law Offices of Albert E. Cordova, Albert E. Cordova, Law Offices of Daniel U. Smith, Daniel U. Smith, Kentfield, Ted W. Pelletier, Counsel for defendants and appellants Brenlar Investments, Inc. and Haya Smith.