Rader Co. v. Stone

Plaintiff and appellant The Rader Company, Inc. (Rader) appeals from orders of dismissal following the sustaining of demurrers without leave to amend interposed by defendants and respondents William F. Stone, Jr., and the Stone Family Trust (collectively, Stone) and Pacific Sierra Research Corporation (PSR), to various causes of action, and the denial of its motion for reconsideration.

Because the complaint adequately sets forth allegations, and appends memoranda that show on their face authority for Rader to procure PSR as a lessee for Stone for a commission subscribed by Stone’s agent, and employment of Rader to act as a broker for PSR, the orders of dismissal are vacated.

Factual and Procedural Background

This is an action to recover a broker’s commission allegedly due Rader for its services in procuring PSR as a tenant for Stone’s real property located at 12340 Santa Monica Boulevard, Los Angeles, California (the property).

In its second amended complaint filed August 25, 1982, Rader alleged the following pertinent facts: Rader is a licensed real estate broker and Stone is the owner of the property. In June 1981, Rader attended an open house conducted by Stone at…