Loken

This appeal stems from the purchase of a single family residence by Bruce A. Loken in 1987. After discovering a crack in the cement slab of the building in 1990, Loken brought this action against various individuals and real estate brokerages involved in the sales transaction, including the seller’s real estate brokerage and agent, Century 21-Award Properties and Jim E. Carmichael. The trial court, sitting without a jury, found Century 21-Award Properties and Carmichael liable for negligent misrepresentation and per se violation of Civil Code section 1102.2; the remaining defendants were found liable on these and other theories. The trial court found all defendants jointly and severally liable to Loken for damages of $78,500. The trial court also ruled all defendants jointly and severally liable for Token’s attorney fees of $52,040; as to Century 21-Award Properties and Carmichael, liability for Token’s attorney fees was premised on the “Tort of Another” doctrine. The trial court ruled neither Century 21-Award Properties and Carmichael nor any other defendant could recover on cross-complaints for indemnity.

Century 21-Award Properties and Carmichael (collectively,…