Venhaus

Plaintiff James Venhaus appeals from a judgment in favor of defendant Karen Shultz on Venhaus’s claim for negligent interference with prospective economic relations. Venhaus claims that Shultz failed to provide a timely and accurate statement of the unpaid balance due on a promissory note secured by a deed of trust on real property that Venhaus was attempting to sell, interfering with two prospective sales of the property. Venhaus argues on appeal that the court erroneously denied his motion for summary adjudication, based on the ground that enforcement of the promissory note was barred by the statute of limitations, and incorrectly modified the jury instruction defining the elements of his cause of action. For reasons stated in the unpublished portion of this opinion, we conclude that summary adjudication was properly denied. As explained in the published portion of the opinion, we agree that the trial court prejudicially erred in the manner in which it modified a critical instruction. We are therefore compelled to reverse the judgment.

Factual and Procedural Background

The litigation arises out of Venhaus’s attempt to sell an undeveloped parcel of real property on…