California Court of Appeal

In a contract claim related to a real estate transaction, judgment in favor of plaintiffs is affirmed over claims of error that: 1) the court erred by finding defendant defaulted under various agreements with third parties to purchase condominiums, thereby triggering its responsibility under a Buyer Broker Compensation Contract to pay it commissions; 2) there was no default because the developers pursued no damages against defendant and opted to cancel the agreements; 3) the Buyer Broker Contract and identical contract with plaintiff's assignor are void because they did not contain a date certain for their termination; and 4) assignment of rights to commissions is void because it was made prematurely.

Appellate Information

• Decided 09/04/2008
• Published 09/04/2008

Judges

• McCONNELL, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• David A. Kay; Smaha Law Group, San Diego, and Jason Barsi, for Defendant and Appellant., Law Offices of Mary A. Lehman, Mary A. Lehman, Coronado; Holsenback APC, and J. Daniel Holsenback, San Diego, for Plaintiffs and Respondents.