Loughlin

Loughlin v. Idora Realty Co.

Good Law
1968 Cal. App. LEXIS 2005·259 Cal. App. 2d 619·66 Cal. Rptr. 747
Court of Appeal of CaliforniaFebruary 29, 1968Civ. 23517California3,754 words

Opinion

Opinion

Rattigan, J.

According to the -allegations of the complaint, this action arises from a fraudulent real estate transaction wherein, as a result of false representations made to plaintiffs by their real estate broker, their property was sold to the broker’s mother-in-law without their knowing her identity, and was immediately sold to others at a significantly higher price. The action was brought to recover secret profits allegedly made by all defendants in the transaction, plus interest and punitive damages.

Plaintiffs Joseph Loughlin and Frances Loughlin, husband and wife, commenced the action against the broker, George Turkmany, individually and doing business as Idora Realty Company; “Eloise Turkmany, also known as E. Mejia,” alleged in the complaint to be “in some manner related” to Turkmany; and John Casserly, alleged to be a real estate salesman in Turkmany’s employ. Four defendants—George Turkmany, Eloise Turkmany, E. Mejia and Casserly-—• appeared by answer. It was established at pretrial that Eloise Turkmany was George Turkmany’s wife, -and that E. Mejia was his mother-in-law.

After a nonjury trial the court made detailed findings of fact, in narrative form, in favor of all four…

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