Case Library
Ernest A. Long ADR publishes monthly Case Studies of important Court decisions in California. Cases are selected on a discretionary basis, bearing on the practice of law in the State Court system. www.courts.ca.gov The Studies are prepared to keep the legal community apprised of developments in the field and are archived here, in our Case Library.
Because our Studies are prepared close to the time of original publication, the cases have yet to receive their official case citations. Opinions remain accessible on the official court website for 120 days, referenced by date. The information conveyed in the Studies is an accurate recounting of the original opinion. The language, quotations and holdings expressed in the Case Studies are not legal authority and should not be presented in court filed documents without first checking the published opinion in the official reports. This page provides access to each of the court decisions, in their original form, that we have reviewed, along with our previously published Case Study. Typically, a PDF copy of the reported decision is attached to our electronically distributed Case Study, and this Case Library provides a compendium of all the opinions we have discussed.
To access a Case Study or a Supreme Court or Appellate Court opinion that was the subject of one of our Case Studies, enter your search terms in the Search box at the right of any page of this website, or go to the Download Case Studies section to scroll through the listings of topics and case names of all Case Studies from January 2008 to the present. The opinions are from the official court website, issued prior to designation of the official reporter citation which is not generated until approximately 90 days after the case is first posted on the court website.
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Horike v Coldwell Banker – Opinion
1 Filed 11/21/16 IN THE SUPREME COURT OF CALIFORNIA HIROSHI HORIIKE, ) ) Plaintiff and Appellant, ) ) S218734 v. ) ) Ct.App. 2/5 B246606 COLDWELL BANKER RESIDENTIAL ) BROKERAGE COMPANY et al., ) ) Los Angeles County Defendants and Respondents. ) Super. Ct. No. SC110477 ____________________________________) Under California law, a real estate broker may act as a ―dual agent‖ for both the seller and the buyer in a real property transaction, provided both parties consent to the arrangement after full disclosure. (Civ. Code, §§ 2079.14, 2079.16.) To that end, the law requires brokers to disclose whether they are acting…
Horiike v. Coldwell Banker Residential Brokerage Company – Opinion
Horiike v Coldwell Banker Residential Brokerage Company 4/9/14 Real Estate; Dual Agency; Fiduciary Duty; Constructive Fraud In 2006, the owners of a residential property in Malibu engaged defendant Cortazzo to sell their property. The building permit lists the total square footage of the property as 11,050 square feet, with a guest house of 746 square feet and a garage of 1,080 square feet. Cortazzo, a salesperson for Coldwell Banker, listed the property for sale on a multiple listing service in September 2006. The listing service provided Cortazzo with public record information which stated the living area of the…
Horiike v Coldwell Banker Residential Brokerage Company – Case Study
Horiike v Coldwell Banker Residential Brokerage Company 4/9/14 Real Estate; Dual Agency; Fiduciary Duty; Constructive Fraud In 2006, the owners of a residential property in Malibu engaged defendant Cortazzo to sell their property. The building permit lists the total square footage of the property as 11,050 square feet, with a guest house of 746 square feet and a garage of 1,080 square feet. Cortazzo, a salesperson for Coldwell Banker, listed the property for sale on a multiple listing service in September 2006. The listing service provided Cortazzo with public record information which stated the living area of the…
