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Jeremy Johnson, Benjamin Price, and Courtney Serrato Win an Appeal on a Motion for Summary Judgment

Bremer Whyte Brown & O’Meara, LLP is excited to announce attorneys Jeremy JohnsonBenjamin Price and Courtney Serrato received an excellent result on behalf of the firm’s clients’ on an appeal before the Second Appellate District, Division One.  In the trial court, BWB&O successfully moved for summary judgment on behalf of our clients, resulting in the dismissal of Plaintiffs’ seven causes of action against them.  The plaintiffs sought appellate review from the trial court’s order finding judgment in favor of the defendants.  Courtney Serrato argued the appeal to the court, resulting in a full affirmance of the trial court’s decision in the matter!

BWB&O represented a national real estate brokerage and its agent in a legal dispute over the performance of their duties involving a series of related commercial real estate transactions.  Plaintiffs were the subsequent owners of a commercial property in which BWB&O’s clients were claimed to have failed to perform their obligations as brokers in the transactions at issue.  The plaintiffs claimed BWB&O’s clients had breached their fiduciary obligations to plaintiffs and had also alleged claims of constructive fraud, professional negligence, negligent misrepresentation, fraudulent concealment, breach of written contract, and violation of Business and Professions Code section 17200 against the brokers.  BWB&O’s motion for summary judgment disposed of all claims against the clients in their favor.

The Court of Appeal affirmed the trial court’s ruling, finding the language of the Assignment of Lease and Guaranty from the original owner of the property did not transfer any legal rights to sue the brokers and because of this, Plaintiffs lacked any legal standing to assert the claims being pursued.  The decision is a total victory on behalf of BWB&O’s clients.