Nelson v. Peirce CA2/1

BACKGROUND

The pleadings John Bruce Nelson filed this action in propria persona, and purportedly on behalf of John Bruce Nelson & Associates (JBN), a general partnership. The original complaint named Vivian Birndorf as the defendant, but subsequently dismissed her and named Peirce and Canon as defendants. The operative second amended complaint alleged Peirce and Canon (which is owned by Peirce) served as the escrow holder in relation to Birndorf’s sale of a home. The listing agreement for the house specified that JBN and Ferraro and Associates were the brokers. The house sold and the purchase agreement provided in paragraph 23, “Seller or Buyer, or both, as applicable, agrees to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close of Escrow . . . .” The purchase agreement further provided a section entitled, “JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER,” that (1) specified portions of the purchase agreement, including paragraph 23 regarding broker compensation, constituting “the joint escrow instructions of Buyer and Seller to Escrow Holder”; and (2) provided, “Brokers are a party to the…