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Stevenson Real Estate Services, Inc. v. CB Richard Ellis Real Estate Services, I

Stevenson Real Estate Services, Inc. v. CB Richard Ellis Real Estate Services, I
06:13:2006

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT DIVISION EIGHT


STEVENSON REAL ESTATE SERVICES, INC., Plaintiff and Appellant,

v.

CB RICHARD ELLIS REAL ESTATE SERVICES, INC. et al.,
Defendants and Respondents.

B179798
(Los Angeles County Super. Ct. No. BC301470)

APPEAL from a judgment of the Superior Court of Los Angeles County. Rita Miller, Judge. Affirmed as modified.

Law Offices of Jerry K. Staub and Jerry K. Staub, for Plaintiff and Appellant.

John T. Thornton, Ellis D. Reiter, Jr., Wallace L. Rosvall, and Robert W. Peyton, for Defendants and Respondents.

SUMMARY

Appellant Stevenson Real Estate Services (Stevenson) appeals from a judgment entered after the trial court granted respondents' motion for judgment on the pleadings without leave to amend. We conclude the first amended complaint failed to state a claim, and therefore the trial court properly granted the motion for judgment on the pleadings. However, appellant should be granted leave to amend his complaint to attempt to plead a claim based upon respondents' alleged violation of the rules of an association of realtors.

BACKGROUND AND PROCEDURAL HISTORY

The operative pleading, Stevenson's first amended complaint, alleged Stevenson and non-party David Maron are licensed real estate brokers. Maron is a principal in Stevenson. It further alleged that sometime around 2001, Vision Entertainment (Vision) asked Stevenson and Maron to represent it in finding suitable property to lease in order to consolidate its three offices in a single location. Stevenson and Maron â€




Description A decision regarding the Appellant appeals from a judgment entered after the trial court granted the respondents' motion for judgment on the pleadings without leave to amend. The Appellate Court concluded the first amendeded complaint failed to state a claim, and therefore the trial court properly granted the motion for judgment on the pleadings. However, appellant should be granted leave to amend his complaint to attempt to plead a claim based upon the respondents' alleged violation of the rules of an association of realtors.
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