Ulloa

Ulloa v. McMillin Real Estate & Mortgage, Inc.

Good Law
149 Cal. App. 4th 333·2007 Cal. App. LEXIS 495·2007 Daily Journal DAR 4492·57 Cal. Rptr. 3d 1·2007 Cal. Daily Op. Serv. 3557
Court of Appeal of CaliforniaMarch 7, 2007D048066California2,299 words

Opinion

Opinion

McCONNELL, J.

Cross-complainants Raul and Maria Ulloa appeal a judgment entered against them on their cross-complaint in an action against them for specific performance of a real estate sales contract. The Ulloas contend the trial court abused its discretion by granting the motions in limine of cross-defendants McMillin Real Estate and Mortgage, Inc. (McMillin), doing business as Hanson Realty, a Corky McMillin Company (Hanson Realty), Paul Van Elderen, Dallas Woodring and Stanley Kellerup, to exclude evidence pertaining to Kellerup’s signing of the sales agreement on behalf of his client, the buyer. We find no abuse of discretion as there is no causal relationship between Kellerup’s conduct and any damages of the Ulloas. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In 1975 Raul Ulloa purchased a home on 4.5 acres of property at 965 Deodar Road in Escondido, California, in which he and his wife Maria resided. In October 2003 the Ulloas decided to sell the property, and they hired Woodring, an agent with Hanson Realty, to list it. The listing sales price was $1,625 million, later raised to $1.79 million.

Kellerup, another Hanson Realty agent, visited the property and…

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