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STREBEL v. BRENLAR INVESTMENTS, INC.

No. A104681.

37 Cal.Rptr.3d 699 (2006)

135 Cal.App.4th 740

John P. STREBEL, Plaintiff and Appellant v. BRENLAR INVESTMENTS, INC., et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Three.

January 11, 2006.

Attorney(s) appearing for the Case

Law Offices of Jeffrey J. Allen, Jeffrey J. Allen, Law Office of Rose M. Zoia, Rose M. Zoia, Glen Ellen, Counsel for plaintiff and appellant John P. Strebel.

Law Offices of Albert E. Cordova, Albert E. Cordova, Law Offices of Daniel U. Smith, Daniel U. Smith, Kentfield, Ted W. Pelletier, Counsel for defendants and appellants Brenlar Investments, Inc. and Haya Smith.

June Babiracki Barlow, Los Angeles, and Grant M. Habata for California Association of Realtors as amicus curiae on behalf of Brenlar Investments, Inc. and Haya Smith.

Certified for Partial Publication.*

POLLAK, J.

This case questions the proper measure of damages when a fiduciary fraudulently induces the sale of real property to a third party by failing to disclose a material fact unrelated to the value of the property. Defendants Brenlar Investments, Inc., doing business as Frank Howard Allan (Brenlar) and its agent Haya Smith appeal from a $305,000 judgment against them entered on plaintiff...

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