Reinecker

BACKGROUND

On December 1, 2011, Reinecker filed a complaint against Kast for injunctive relief and damages for breach of oral contract, unjust enrichment, breach of fiduciary duty, breach of the covenant of good faith and fair dealing, fraud and deceit, negligent misrepresentation, promissory estoppel, unfair competition in violation of Business and Professions Code section 17200,1 specific performance, and accounting. The single issue in the case was whether Reinecker and Kast had agreed that Kast would act as the listing agent for a condominium in Santa Monica owned by HSP Ocean Avenue, Inc. (HSP) in exchange for $2,500, with the $38,000 remainder of the sales commission to go to Reinecker. After a court trial, the court found in favor of Reinecker and awarded Reinecker $38,000. The court provided a detailed statement of decision, finding Kast’s trial testimony to be replete with contradictions and failures of memory and concluding there was a complete lack of evidence that Kast had more than a minimal role as the listing agent. In addition to disputing Reinecker’s representation of the facts of the case, the defense raised two legal arguments. First, relying on section 10136,…