Poon

Poon v. George Realty The Heights CA2/2

Good Law
Court of Appeal of CaliforniaJanuary 29, 2015B255145California1,947 words

Opinion

Opinion

BACKGROUND

The Original Complaint Plaintiffs and appellants Jennie Poon, Jacob Poon, Nancy Fong, Jonathan Poon, Bryson Fong, and Danny Wong filed suit against defendants and respondents George Realty The Heights, Inc. (George Realty), High Ten Partners, Inc. (High Ten), and Mei- Miao Kuo in August 2012. Briefly, the complaint alleged that plaintiffs engaged defendants to advise in finding and purchasing a house to fix up and resell at a profit. Plaintiffs identified a house in Cerritos for potential purchase at a trustee’s sale, and defendants advised plaintiffs that the house was suitable for their needs. Only after acquiring the property and remodeling it did plaintiffs learn from defendants that they had purchased the property at a junior trust deed sale, and that the property was still subject to a large senior trust deed. The senior trust deed was subsequently foreclosed, and plaintiffs lost their entire investment. Plaintiffs sued defendants for professional negligence, breach of fiduciary duty, breach of oral contract, and breach of implied-in- fact contract. High Ten filed a demurrer, arguing that there was no agency relationship between it and plaintiffs, and that…

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