Lott v. Coldwell Banker
William Lott appeals a judgment entered in favor of Coldwell Banker Residential Brokerage Company and its agents Linda Westcott and Shirley Ramey (collectively, Coldwell Banker) after the superior court sustained without leave to amend their demurrers to his second amended cross-complaint against them for breach of contract, negligence, equitable indemnity and breach of fiduciary duty. Lott contends that the court erred in concluding that his amended allegations were so inconsistent with his prior pleadings that they were a sham, and thus to be disregarded, and sustaining the demurrers without leave to amend based on that conclusion. Court agree with Lott's contention and reverse the judgment and remand the matter for further proceedings.
Comments on Lott v. Coldwell Banker