Agcon

I.

INTRODUCTION

Agcon, Inc. sold a parcel of vacant land in the City of Adelanto (the City) to

Industrial Integrity Solutions, LLC (IIS). A few months later, the City rezoned the land to

allow cannabis cultivation on it, which significantly increased its value.

Agcon then sued respondents for various fraud-based claims premised on the 1 argument that respondents’ broker, Daniel C. Pocius, knew that the City planned on

rezoning the land, but he intentionally withheld that information from Agcon to get a

better deal. Agcon claimed that, by doing so, Pocius violated duties imposed under Civil

Code section 2079.16 (section 2079.16). At the beginning of trial, Agcon argued that

respondents also violated the purchase agreement for the land, but the trial court

precluded Agcon from making that argument at trial on the ground that Agcon had not

timely asserted it and instead had consistently stated its case was based on section

2079.16 alone.

After Agcon rested its case at trial, respondents moved for nonsuit on the grounds

that Pocius did not violate section 2079.16. The trial court agreed and granted the

motion. Later, the trial court partially granted Agcon’s motion to…