Moallem

Introduction

These are cross-appeals from a $1,430,937 judgment for negligence and breach of fiduciary duty, awarded to Steve Moallem, as assignee of his corporations Midland Warehouse and Distribution, Inc., and Transmotor Express, Inc. (collectively Midland), against their real estate agents, Cold-well Banker Commercial Group, Inc., and Kent Williams (collectively Cold-well). The judgment stemmed from Midland’s forfeiture of a warehouse property (the property), on which it had held a lease and option to buy, after Coldwell sublet the property for Midland in violation of the lease.

The issues on appeal concern additions or offsets to the judgment that the parties contend the trial court should have made. Coldwell contends that two payments which Midland and its bankruptcy estate received from other cross-defendants before trial should have been credited against the judgment, to avoid excessive or multiple recovery. On cross-appeal, Moallem contends that a similar payment to him should not have been deducted from his award, and that he should have been allowed additional prejudgment interest, and attorney fees. The latter contention raises the significant issue of…