M.K.D. Capital Corp. v. Miller

OPINION OF THE COURT

Ira Gammerman, J.

Defendants move to dismiss for failure to state a cause of action, asserting that plaintiffs claim is barred by the Statute of Frauds. Plaintiff seeks compensation allegedly agreed to orally by defendants for having facilitated the purchase by defendants of real property in California. No written memorandum of the *1003agreement exists, but plaintiff argues the Statute of Frauds does not apply because of the statute’s exception for licensed real estate brokers. I find that the Statute of Frauds does apply, and that, additionally, plaintiff is precluded from…