California Court of Appeal

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Wald v. Truspeed Motorcars, LLC, G042207

In plaintiff's suit against a used car dealer for breach of contract, claiming that defendant refused to compensate him his finder's fee, trial court's sustaining of defendant's demurrer, on the ground that section 11711.3 of the Vehicle Code precludes any recovery by plaintiff of monies owed under the oral contract, is reversed as plaintiff is a salesperson for purposes of section 11711.3 (as opposed to a used car dealer) and the compensation is enforceable in equity. Furthermore, defendant's claim that plaintiff's fraud claim should be dismissed for failure to plead it with sufficient particularity is rejected.

Appellate Information

  • Decided 05/03/2010
  • Published 05/03/2010

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Office of John D. Ott and John D. Ott for Plaintiff and Appellant.

  • For Appellees:
  • Law Office of Rick Augustini and Rick Augustini for Defendant and Respondent.
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