California Court of Appeal

In a suit against a seller's real estate agent and broker for professional negligence in failing to assure that the sellers did not grant to their lender an option inconsistent with buyers' options on the same properties, the trial court's grant of the defendants' motion for summary judgment is affirmed, where the complaint was not filed within the two-year limitations period applicable to actions for professional negligence, as: 1) the cause of action accrued more than two years before the complaint was filed; and 2) the three-year limitations period of Code of Civil Procedure section 338(b) was not applicable, since the gravamen of the cause of action was not injury to the properties, but injury to the plaintiffs' option rights to purchase the properties.

Appellate Information

• Decided 04/17/2012
• Published 04/17/2012

Judges

• Yegan

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• E Patrick Morris, Carlson Law Group Inc.