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California Court of Appeal


Peake v. Underwood, D061267

In an action brought by plaintiff-buyer to recover damages for defendants' alleged failure to disclose defective subfloors in the home plaintiff bought from defendant-sellers, the trial court's decision granting defendant-real estate agent's motion for sanctions and dismissing plaintiff's case against defendant-real estate agent is affirmed, where: 1) the trial court acted within its discretion in awarding sanctions pursuant to Code of Civil Procedure section 128.7; and 2) the record supports that no reasonable attorney would have concluded plaintiff's statutory and common law claims against defendant-real estate agent were factually and legally supported.

Appellate Information

  • Decided 06/25/2014
  • Published 06/25/2014

Judges

  • HALLER

Court

  • California Court of Appeal

Counsel

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