California Court of Appeal

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Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC., H029980

In a case primarily addressing whether a realtor who represented the lessee in a complex commercial lease transaction had a duty to inform the lessor, after the lease was signed but before the lessee took possession, that the lessee's ability to perform the conditions of the lease was jeopardized by its deteriorating financial condition, the judgment below is affirmed primarily as the trial court did not err: 1) in determining that the lessor failed to plead facts sufficient to establish any duty on the realtor's part; nor 2) in refusing to award attorney fees to the lessor based upon its defeat of the realtor's claims for unpaid commissions pursuant to Civil Code section 1717.

Appellate Information

  • Decided 04/30/2008
  • Published 04/30/2008

Judges

  • RUSHING, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Rossi, Hamerslough, Reischl & Chuck, Ronald R. Rossi, Susan R. Reischl, San Jose, for Plaintiff, Cross-Defendant and Appellant Blickman Turkus, LP., Keker & Van Nest, Susan J. Harriman, Steven A. Hirsch, San Francisco, Wendel, Rose, Black & Dean, Charles Hansen, Oakland, Amanda Steiner, for Defendants, Cross-Complainants and Appellants MF Downtown Sunnyvale LLC, et al.