Rhue v. Shay
This is an appeal from a judgment after court trial. Plaintiff and Appellant (plaintiff) sued her real estate broker, defendant and respondent (defendant), asserting various claims of fraud and deceit in connection with the sale of her condominium and the subsequent purchase of a home. Defendant cross complained asserting claims for slander and intentional/negligent infliction of emotional distress.
Plaintiff represented herself at trial, testified at length concerning her claims against defendant, and responded to multiple questions from the trial court. In addition to his own detailed testimony concerning the parties respective claims, defendant presented testimony from a former client concerning the cross-claim for slander and from his chiropractor concerning treatment for stress.
After hearing all the testimony, receiving documentary evidence, and hearing oral argument from both sides, the trial court found defendant to be a hard working, decent, honorable person of our community. It further found that during the time defendant represented [plaintiff] as a broker. . . . [defendant] had [plaintiffs] best interest at heart. And he did what he could for [her]. In contrast, the trial court found that plaintiff had slandered defendant, caused him to lose a commission on the sale of a home, acted outrageously towards him, and intentionally inflicted emotional distress upon him. Based on those findings, the trial court entered a judgment under which plaintiff took nothing on her complaint and defendant was awarded $36,000 in lost commissions and $1,200 for costs incurred for chiropractic treatment.
Representing herself on appeal, plaintiff asserts a variety of contentions and allegations in her opening brief. But she does not present any theory upon which a claim of prejudicial error could be predicated. Based on the record on appeal, Court affirm the judgment of the trial court.
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