California Court of Appeal

In a case in which real estate purchasers sued their broker and the sellers, the trial court's denial of a motion for summary judgment is affirmed, where: 1) the two-year statute of limitations under Civil Code section 2079.4 did not apply to the purchasers' cause of action, as that section applies only to claims against sellers' brokers; 2) as to the purchasers' breach of contract claim, the discovery rule applied to extend the limitations period in the parties' agreement; 3) the purchasers' tort causes of action were not subject to the contract's limitations period; 4) the sellers' indemnity claims against the broker were not time-barred; and 5) the sellers' causes of action against the broker in its capacity as the sellers' broker were not time-barred disguised indemnity claims.

Appellate Information

• Decided 04/12/2012
• Published 04/12/2012

Judges

• Hoch

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Chaffin-Samuels, Murphy, Campbell, Guthrie & Alliston