Michel
Michel v. Palos Verdes Network Group, Inc.
Opinion
Opinion
Rubin, J.
Carl and Sydne Michel appeal from the nonsuit of their cause of action for negligent nondisclosure and the associated judgment for the defense after a trial against their real estate broker, Larry Moore & Associates, Inc. We reverse and remand as to the negligent nondisclosure cause of action only; otherwise, we affirm the judgment.
FACTS AND PROCEDURAL HISTORY
Mike Kirkpatrick was a real estate agent working for respondent Larry Moore & Associates, Inc. (Moore, or respondent), a licensed real estate broker. Sometime around the beginning of 2000, he inspected a home in Rolling Hills Estates owned by a friend’s parents. Hoping to become the listing agent if the parents decided to sell their house, he took notes of the property’s defects, including possible water leaks, cracked interior walls, and damage to the pool. If he won the listing, he planned to use his notes to identify needed repairs and possible disclosure to potential buyers.
About six months later in June 2000, the house was on the market. Kirkpatrick, who had not received the sellers’ listing, showed the house to appellants Carl and Sydne Michel, who were represented by agent Nicola Lagudis, a colleague of…