Grubb & Ellis v. >Porter > >Ranch > >Shopping
Center





















Filed 9/16/10 Grubb & Ellis v. Porter Ranch Shopping
Center
CA2/7

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>NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115 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
SEVEN




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GRUBB & ELLIS, a Delaware Corporation, Plaintiff, Cross-Defendant and Respondent, v. PORTER RANCH SHOPPING CENTER, LLC, a Delaware Limited Liability Company, Defendant, Cross-complainant and Appellant.

B217181 (Los Angeles County Super. Ct. No. PC042646)

APPEAL
from a judgment of the Superior Court
of Los Angeles
County. Melvin D.
Sandvig, Judge. Reversed.

Gordon
C. Strange for Defendant, Cross-complainant and Appellant.

McGarrigle,
Kenney & Zampiello, Patrick C. McGarrigle and Michael J. Kenney for
Plaintiff, Cross-defendant and Respondent.



______________________________



INTRODUCTION



A
commercial real estate broker sued its client, alleging the client had failed
to pay the full commission amount due when the client's property was sold. The client filed a cross-complaint claiming
the commission agreement had been modified.
The trial court sustained without leave to amend the demurrer to the
client's cross-complaint, and then granted the broker's motion for summary judgment. The client appeals. We reverse.



FACTUAL AND PROCEDURAL SUMMARY



In April
2008, real estate broker Grubb & Ellis Company (Grubb & Ellis) filed a
complaint against Porter Ranch
Shopping Center, LLC (Porter Ranch)
for breach of contract. According to
Grubb & Ellis, Porter Ranch had agreed to pay a commission in the amount of
2 percent of the gross sales price of the property located at 19300 Rinaldi
Street as stated in the Exclusive Authorization of Sale (EAS) agreement, dated
September 17, 2007 (with an expiration date of January 20, 2008), attached as
an exhibit to the complaint. (According
to the agreement, â€