Holley

In Meyer v. Holley, 537 U.S. 280 , 123 S.Ct. 824 , 154 L.Ed.2d 753 (2003), the Supreme Court vacated this Court’s opinion in Holley v. Crank, 258 F.3d 1127 (9th Cir.2001) and remanded for further proceedings. In revisiting this case, we address two distinct questions which the Supreme Court has left for us to decide. First, whether as the designated offl-eer/broker of Triad, Inc., David Meyer can be held personally liable for the actions of Triad’s employee Grove Crank. Second, whether David Meyer can be held liable through the piercing of Triad’s corporate veil. We remand to the district court for further proceedings.

I. Background

Emma Mary Ellen Holley is African American, her husband, David Holley, is Caucasian and their son, Michael Holley, is African American. The Holleys allege that in October 1996, they visited Triad Realty’s office in Twenty-Nine Palms, California where they met with Triad agent Grove Crank and inquired about listings for new houses in the range of $100,000 to $150,000. The Holleys allege that Crank showed them four houses in the area, all priced above $150,000. In mid-November 1996, the Holleys located a home on their own that happened to be listed by…