Blickman Turkus v. Mf Downtown Sunnyvale

The primary question in this case is whether a realtor who represented the lessee in a complex commercial lease transaction had a duty to inform the lessor, after the lease was signed but before the lessee took possession, that the lessee’s ability to perform the conditions of the lease was jeopardized by its deteriorating financial condition. The trial court held that the lessor had failed to plead facts sufficient to establish any duty on the realtor’s part to disclose this information. We find no error in this determination. Nor do we find any error in the trial court’s refusal to award attorney fees to the lessor based upon its defeat of the realtor’s claims for unpaid commissions. Since these determinations render the realtor’s cross-appeal moot, we will dismiss it and affirm the judgment.

Background

Appellant MF Downtown Sunnyvale, LLC, is described in the pleadings as a limited liability company owning certain real property in Sunnyvale. At issue in this action are two buildings, known as buildings 2 and 3, situated on that property. Appellant Mozart Development Co. is described as the agent for MF Downtown Sunnyvale, LLC, for purposes of leasing and managing the…