Legal Opinion
Kaplan v. Coldwell Banker Residential Affiliates, Inc.
California Court of Appeal
Decided November 26, 1997No. B107510PublishedCited by 32 opinions
1Opinion of the Court
Opinion
YEGAN, J.
In this action for real estate fraud, Leon S. Kaplan appeals from a summary judgment granted in favor of Coldwell Banker Residential Affiliates, Inc. (Coldwell Banker). (Code Civ. Proc., § 437c, subd. (c).) The trial court ruled there were no triable facts that would cause Coldwell Banker to be liable for the acts or omissions of a real estate broker who independently owned and operated a Coldwell Banker franchise. We conclude that a triable issue of fact is present with respect to ostensible agency. We therefore reverse.
Facts and Proceedings
Appellant purchased three parcels…
2Cases cited12 opinions
- Union Bank v. Superior CourtCalifornia Court of Appeal · 1995
- People v. HeitzmanCalifornia Supreme Court · 1994
- Preis v. American Indemnity Co.California Court of Appeal · 1990
- Walker v. Signal Companies, Inc.California Court of Appeal · 1978
- Yanchor v. KaganCalifornia Court of Appeal · 1971
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3Cited by32 opinions
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- C.A.R. Transportation Brokerage Co. v. Darden Restaurants, Inc.Court of Appeals for the Ninth Circuit · 2000
- Baxter v. Cal. State Teachers' Ret. Sys., California Court of Appeal, 5th District2017
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