Intergulf Development v. Connelly
Appellant Brian Connelly, acting as a licensed real estate salesperson, marketed residential units in two condominium projects in downtown San Diego known as Treo and La Vita. The Treo project was developed by respondent Intergulf Development (Kettner), LLC (Intergulf) and the La Vita project was developed by respondent Lennar-Intergulf (Little Italy), LLC (Lennar).[1] Intergulf eventually discharged Brian and filed a lawsuit against him, based largely on allegations that Brian defrauded Intergulf by selling units at prices below Intergulf's established list prices. Brian filed a cross-complaint against Intergulf, Lennar and others seeking unpaid commissions and other damages. Lennar later filed a cross-complaint against the Connellys for fraud and breach of fiduciary duty in connection with the Connellys' purchase of a unit in La Vita. The court dismissed all of Brian's cross-claims against respondents before or during trial, and a jury returned verdicts in the Connellys' favor on Lennar's cross complaint and in Brian's favor on Intergulf's complaint. After the court entered judgment, Intergulf and Lennar jointly moved for a new trial and the court granted the motion.
The judgment entered on June 3, 2005, is reinstated and is affirmed in its entirety.
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