Marcus & Millichap Real Estate Inv. Brokerage Co. v. Weiss

26 F.3d 131 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. MARCUS & MILLICHAP REAL ESTATE INVESTMENT BROKERAGE COMPANY, Plaintiff-Appellant, v. Robert A. WEISS, Gwynneth Weiss, and Frank Gagliardi, Trustee for the Weiss Charitable Remainder Unitrust, Defendants-Appellees. No. 93-15217. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 14, 1994. Decided June 7, 1994. Before GOODWIN, NORRIS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Marcus & Millichap, a real estate brokerage firm based in California, sued to recover a commission allegedly owed it by Robert and Gwynneth Weiss, owners of an apartment complex in Nevada. The district court found that Nevada law governed the parties' agreement, and held that Marcus & Millichap failed to establish that it produced a ready, willing, and able buyer. In the alternative, the court held that Marcus & Millichap was barred from recovering its commission under Nevada law. The court also…