Anderson v. Coldwell Residential Brokerage CA2/1

Filed 11/21/14 Anderson v. Coldwell Residential Brokerage CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

DAVID ANDERSON, B249615

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. SC114680) v.

COLDWELL BANKER RESIDENTIAL BROKERAGE COMPANY et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of California, County of Los Angeles. Honorable Craig D. Karlan. Affirmed. Gotfredson & Associates, E. Jay Gotfredson and Seth Weinglass for Plaintiff and Appellant. Klinedinst, Neil R. Gunny and Mark J. Goldsmith for Defendants and Respondents. ___________________________________

David Anderson purchased an undeveloped lot in an unincorporated portion of the coastal community of Malibu in 2008. When he applied for a permit to build a house, the California Coastal Commission issued a conditional permit that required, among other things, that Anderson purchase another coastal lot and retire it as open space. Anderson consequently abandoned the development and, in February 2012, filed a suit against his real estate broker, William Moss, alleging Moss failed to inform him of the possibility that the commission would require him to purchase an additional lot to mitigate the development’s impact on the coastal area. The trial court granted Moss summary judgment, finding no evidence supported Anderson’s claims. Anderson appealed, arguing Moss breached his duty of professional care and misrepresented the lot was suitable for Anderson’s intended purpose. We affirm. BACKGROUND In February 2007, Anderson executed an agreement with Maryanne Lataif to purchase an undeveloped residential lot in an unincorporated area of Malibu (hereafter the Malibu lot), with the intent to build a house there (hereafter Lataif-Anderson purchase). At the time, Lataif was still in escrow to purchase the Malibu lot from the estate of Diana Cap (hereafter Cap-Lataif purchase). After escrow closed on the Cap- Lataif purchase, the Lataif-Anderson purchase was effected through two deed transfers. Moss, a real estate agent with Coldwell Banker Residential Brokerage Company, represented all parties in the Cap-Lataif and Lataif-Anderson purchases. The Lataif-Anderson purchase agreement—a form agreement issued by the California Association of Realtors—provided that “seller shall . . . disclose known material facts and defects affecting the property . . . .” The agreement “strongly advised [the buyer] to investigate the condition . . . suitability . . . and all matters affecting the value or desirability of the property,” and stated that the broker does not “guarantee, and in no way assume responsibility for, the condition of the Property.” The agreement provided that the broker would not verify any “laws, ordinances . . . zoning . . . [or] governmental permits” and advised the buyer to “investigate whether these matters affect