Salahutdin

Defendant Valley of California, Inc., doing business as Coldwell Banker Residential Real Estate of Northern California (Coldwell Banker), appeals from a judgment of the San Mateo County Superior Court awarding plaintiffs husband and wife, Shaucat and Jeannie S. Salahutdin, damages of $175,000 plus costs against Coldwell Banker. The trial court found that while representing plaintiffs in a real estate purchase, appellant’s employee David Seigal breached his fiduciary duty of care and committed constructive fraud by making false representations to plaintiffs that the property they purchased was more than one acre in size and that it could be subdivided where, in fact, the property was less than one acre and could not he subdivided. Appellant contends (1) substantial evidence does not support the finding of constructive fraud; (2) the court erred in awarding “benefit of the bargain” damages under Civil Code section 3333; and (3) damages should have been calculated as of the time of the transaction, not the time of discovery. We shall affirm the judgment.

Statement of Facts

Plaintiffs were born in Korea. Shaucat Salahutdin’s parents were peasants who fled Russia during the…