McKinzie

This proceeding was tried before the court sitting without a jury on October 18, 2018 beginning at 9:00 a.m. The plaintiff, Patricia McKinzie, appeared with her attorney, Luke Garcia, and the defendant, Carl Jeffrey Kaut, appeared on his own behalf. At the conclusion of the trial, the parties were given the opportunity to file closing briefs. Those briefs have been filed. After considering their evidence and briefs, the court now makes its findings of fact and conclusions of law.

This is an action to determine the dischargeability of a debt. It is a core proceeding in which this court may enter a final judgment. 28 U.S.C. § 157 (b)(2)(I).

For the reasons explained below, a separate judgment will be entered in favor of the plaintiff.

Findings of Fact

1. In April 1999, the plaintiff and her now deceased husband purchased residential real property located at 1037 Houston Circle in Folsom, California. The defendant acted as their real estate agent in connection with the purchase.

2. After purchasing the property, the plaintiff's husband's health deteriorated rapidly and so they decided to rent the property rather than live in it as they had originally planned.

3. As it turned…