Romo

This is the second appeal before us in this action by a home seller against an escrow agent for various misdeeds which allegedly occurred in connection with the sale of plaintiff’s house. In the first appeal we held that the trial court properly concluded that plaintiff’s claims for impairment of security were barred by plaintiff’s full credit bid at the trustee’s sale. But we also held that plaintiff’s full credit bid did not necessarily bar plaintiff’s other claims of damages, and we remanded for further proceedings. On remand, defendant moved for summary judgment, arguing that all other claims asserted by plaintiff were related to the impairment of her security and, hence, were barred by the full credit bid. The trial court agreed and granted defendant’s motion for summary judgment. Plaintiff appeals.

Facts

In 1981, plaintiff decided to sell her home in Daly City to move to Valley Springs, California. She retained James Rabb as her real estate agent, who submitted a purchase offer on her behalf for a house in Valley Springs, California. That offer was eventually accepted by the sellers. Because plaintiff’s purchase offer was contingent upon the sale of her Daly City…