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BLICKMAN TURKUS v. MF DOWNTOWN SUNNYVALE

No. H029980.

76 Cal.Rptr.3d 325 (2008)

162 Cal.App.4th 858

BLICKMAN TURKUS, LP, Plaintiff, Cross-Defendant and Appellant, v. MF DOWNTOWN SUNNYVALE, LLC; et al., Defendants, Cross-Complainants and Appellants.

Court of Appeal of California, Sixth District.

April 30, 2008.

Attorney(s) appearing for the Case

Rossi, Hamerslough, Reischl & Chuck, Ronald R. Rossi, Susan R. Reischl, San Jose, for Plaintiff, Cross-Defendant and Appellant Blickman Turkus, LP.

Keker & Van Nest, Susan J. Harriman, Steven A. Hirsch, San Francisco, Wendel, Rose, Black & Dean, Charles Hansen, Oakland, Amanda Steiner, for Defendants, Cross-Complainants and Appellants MF Downtown Sunnyvale LLC, et al.

RUSHING, P.J.

The primary question in this case is whether a realtor who represented the lessee in a complex commercial lease transaction had a duty to inform the lessor, after the lease was signed but before the lessee took possession, that the lessee's ability to perform the conditions of the lease was jeopardized by its deteriorating financial condition. The trial court held that the lessor had failed to plead facts sufficient to establish any duty on the realtor...

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