Gann

Wayne Gann (Gann) and Gann Investments, Inc. (GII) appeal from judgment of dismissal pursuant to Code of Civil Procedure section 631.8, subdivision (a). They contend that the trial court erred in failing to relieve them of their waiver of jury trial and in applying the wrong standard in determining the nonexistence of broker-principal relationship between Williams Brothers Realty, Inc. (Williams Brothers) and GII. We find no error and affirm the judgment.

Facts

Appellants filed an action against Williams Brothers and David L. Williams for damages for breach of fiduciary duty, imposition of constructive trust, and intentional interference with economic advantage. The basis of the action was a business transaction concerning appellants’ attempt to purchase certain lots in the City of Santa Maria. March 30, 1988, appellants entered into a written contract with Continental Paragon Corporation (Continental) evidenced solely by escrow instructions under the terms of which appellants agreed to purchase 30 lots in tract No. 5445 for $1,395,000. As part of the same transaction, Continental granted appellants an option to purchase an additional 28 lots in tract No. 5445 subject…