American Diversified Properties v. RE/EX Valencia CA2/8

FACTS AND PROCEDURE

1. ADP’s Theory of the Case ADP’s operative second amended complaint (complaint) alleged the following facts. The Campbell Family Trust engaged Realty Executives as brokers to sell approximately 9.49 acres of vacant land in Santa Clarita, California. The seller agreed to pay Realty Executives a percentage of the purchase price as consideration for its broker services. Bradley Business Center, a general partnership comprised in part of Kerry Seidenglanz and Mark Seidenglanz,3 was interested in buying the property. Bradley Business Center engaged ADP as its broker. On or about March 15, 2006, ADP and Realty Executives entered into a partly oral, partly written agreement. The brokers orally agreed to split 50-50 the commission

We have filed two prior nonpublished opinions in this case, American Diversified Properties, Inc. v. Valleywide Escrow, Inc. (Sept. 3, 2008, B197816) (ADP I) and American Diversified Properties, Inc. v. Realty Executives, Inc. (June 7, 2011, B222560) (ADP II). In ADP I, we reversed an order sustaining Valleywide’s demurrer to the original complaint without leave to amend and held ADP could cure the defects in the original complaint…