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FACTS

GLG arranges financing for commercial real estate transactions. Nonparty Gregory Gantman, a licensed real estate broker, was the sole officer and shareholder of GLG during the relevant time period. In February 2018, GLG and the Trans entered into a nonexclusive agreement (the agreement), in which GLG agreed to help the Trans obtain financing to purchase a shopping center. The agreement provided that GLG would arrange financing “at [the] best rates, terms, and fees. Otherwise [the Trans could] go with any other funding sources.” But it also specified that the Trans “may not attempt, on [their] own or through representatives, to raise capital or secure indebtedness from persons introduced by [GLG]” without paying GLG a commission. Per the agreement, GLG introduced the Trans to Fidelity Bancorp Funding Inc. and Sterk Investments (Fidelity/Sterk). While the financing terms GLG negotiated with Fidelity/Sterk were the best terms offered to the Trans, they chose a different financing option. However, GLG claimed the financing obtained by the Trans resulted from their introduction to Fidelity/Sterk. The specifics of GLG’s theory are not

2 1 explained by the parties. Regardless,…