Sweat

This appeal is brought by the plaintiffs from a summary judgment in favor of all defendants. Plaintiffs, purchasers of a residence in the City of Poway, sued defendant sellers as well as the sellers’ real estate representatives. The trial court ruled that no triable issues of fact existed as to certain crucial issues upon which the plaintiffs’ complaint depended, that as a matter of law the facts adjudicated did not support a cause of action, and hence granted judgment for the defendants. The court also awarded costs and substantial attorney fees to all defendants. Plaintiffs appeal the granting of summary judgment as to all defendants and also the awards of attorney fees.

The plaintiffs raise several grounds of appeal. The grounds are generally separate and independent, but they build on one another factually. We will therefore progress from one issue to another, layering the facts as we go.

1. Summary Judgment in Favor of Brokers

Plaintiffs were represented in this real estate purchase transaction by their own real estate broker, who was not named as a defendant. Although joined by cross-complaints, the plaintiffs’ broker is not a party to the appeal. Plaintiffs…