Realpro, Inc. v. Smith Residual Co., LLC

Plaintiff and appellant RealPro, Inc. (RealPro), appeals from a judgment in favor of defendants Smith Residual Company, LLC, *1217 and J&A Gonzales, LLC (hereafter referred to collectively as Sellers), entered after the trial court sustained without leave to amend the demurrer of Sellers to RealPro’s complaint to recover a real estate commission. The trial court found that RealPro “failed to allege facts giving rise to the existence of an enforceable written contract for the payment of a real estate commission .. . .” RealPro challenges the trial court’s ruling.

I. PROCEDURAL BACKGROUND

A demurrer admits all the truth of all material facts properly pleaded. (Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 966-967 [ 9 Cal.Rptr.2d 92 , 831 P.2d 317 ].) Accordingly, we will refer to the allegations in the complaint for the chronology of this matter. (See Align Technology, Inc. v. Tran (2009) 179 Cal.App.4th 949, 954, fn. 4 [ 102 Cal.Rptr.3d 343 ].)

RealPro is a real estate broker conducting business under the fictitious business name of Landpro Network Realty. Sellers own 46.8 acres of vacant land in Riverside County (the Property). On or about September 21, 2005,…