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

INTRODUCTION

This is the fourth appeal in this dispute between real estate brokers over sharing a commission. Plaintiff American Diversified Properties, Inc. (ADP), represented the buyers of a parcel of vacant land in Santa Clarita, California. Defendants and respondents RE/EX Valencia, Inc. (Realty Executives), and Sara Fincher-Schmidt (Schmidt) represented the seller of the parcel, the Campbell Family Trust. (We will refer to the subject parcel as the “Campbell property.”) ADP alleged it and Realty Executives agreed to split the commission on the sale evenly, but Realty Executives took the entire commission for itself. When last before us, ADP appealed from the judgment for respondents and attorney fees and costs orders after a 13-day bench trial. (American Diversified Properties, Inc. v. RE/EX Valencia, Inc. (July 25, 2014, B246501) (2014 Appeal) [nonpub. opn.].) The trial court found ADP failed to prove the existence of a commission-sharing agreement, and moreover, ADP could not recover from respondents in quantum meruit. In a nonpublished opinion, we affirmed the judgment and orders on appeal.1 To recover the attorney fees and costs awarded to them, respondents moved to…