| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Demurrer to Cross-Complaint
SF Superior Court - Real Property / Housing Dept 501 - CGC23606372 - July 11, 2025 Hearing date: July 11, 2025 Case number: CGC23606372 Case title: WILL FREDERICKS ET AL VS. ROBERT FELTER ET AL Case Number: | | CGC23606372 | Case Title: | | WILL FREDERICKS ET AL VS. ROBERT FELTER ET AL | Court Date: | | 2025-07-11 09:30 AM | Calendar Matter: | | DEMURRER to CROSS COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion calendar for July 11, 2025, line 2.
Cross-Defendant Sotheby's Demurrer to Cross-Complaint is CONTINUED to July 15, 2025 at 9:30 a.m., but the Court intends to rule as follows: The Demurrer is SUSTAINED with and without leave to amend.
The demurrer is sustained with leave to amend the negligence cause of action. Compass must allege a duty Sotheby's owed to them, not to the buyer or seller. To the extent Compass is relying on Civil Code section 2079.16, that section provides that a buyer's agent owes duties to the to the buyer and seller, not to their agents. Compass cannot bring a claim for negligence against Sotheby's on Buyers' or Seller's behalf.
The demurrer to the equitable indemnity and contribution causes of action are sustained without leave to amend. Contrary to Compass' assertions, the court must look to Felter's claims against Compass to determine whether Sotheby's can be jointly liable to Felter on Felter's theory of liability. Compass' reliance on Leko v. Cornerstone Bldg. Inspection Service (2001) 86 Cal.App.4th 1109 and their use of the word "plaintiff" is misplaced. In Leko, a home purchaser sued the seller and both sets of real estate agents (buyer's agent and seller's agent) for failing to disclose structural defects caused by an earthquake.
Both agents then cross-complained for equitable indemnity against several home inspection companies who had not been sued by the home purchaser. (Id. at 1113.) Here, Plaintiffs did not sue Compass; Felter sued Compass. Thus, if Compass is to be indemnified by Sotheby's, it would be because they were jointly liable to Felter (not plaintiffs/buyers).
The Court does not find any facts that could support shifting responsibility from Compass to Sotheby's for Compass' advice to their own client of which reports to include in the disclosures. The Court does not see how Compass can cure their indemnity or contribution causes of action, but invites Compass to come prepared with argument and authority on why the Court is incorrect in its interpretation of the law. Compass may file a supplemental brief, no longer than 2 pages due by July 14, 2025 at 4:00 p.m., of supporting authority that has not already been cited in their opposition. =(501/CFH)
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