Shepherd v. Altman CA2/8

Filed 8/19/21 Shepherd v. Altman CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

PAUL SHEPHERD et al., B300464

Plaintiffs and Respondents, (Los Angeles County Super. Ct. No. BC696247) v.

JOSHUA ALTMAN et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County, David Sotelo, Judge. Affirmed. Manning & Kass, Ellroad, Ramirez, Trester; Frederic W. Trester, Steven J. Renick and Ari L. Markow for Defendants and Appellants. Allen Matkins Leck Gamble Mallory & Natsis, Scott J. Leipzig and Nancy S. Fong for Plaintiffs and Respondents.

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Paul and Gigi Shepherd signed a commission agreement with Joshua Altman of the real estate brokerage firm Douglas Elliman. The Shepherds filed suit alleging breach of the agreement. Altman and Douglas Elliman moved to compel arbitration based on an arbitration clause in the agreement. The trial court denied the motion because it found the Shepherds established fraud in the execution of the agreement. Altman and Douglas Elliman appeal, contending no substantial evidence supported the trial court’s decision. We affirm. I We recount the background. The Shepherds inherited two parcels of land on Sunset Plaza Drive in the Hollywood Hills area of Los Angeles. They decided to sell the property. Neither had owned or sold property before, so they hired an attorney. They also met with Altman, a self-proclaimed celebrity real estate agent who worked at Douglas Elliman. The Shepherds understood if Altman brought them a buyer, he would act as a dual agent, representing them and the buyer. On March 4, 2017, Altman brought Nick Keros, a potential buyer, to see the property. The Shepherds were not aware Altman and Keros were close friends and had been involved in many previous business dealings together. The next evening, Altman called the Shepherds and demanded they meet with Keros that evening. He insisted if they did not meet that evening, Keros would lose interest in the property. The Shepherds were reluctant and said they were exhausted after a day of outdoor activity. Eventually they gave in, not wanting to lose a potential buyer.