Hit, Inc. v. Newmeyer v. Dillon
HIT, Inc., appeals from a judgment in this professional malpractice action against Newmeyer & Dillion, LLP, and attorney Jon J. Janecek (hereafter collectively “Newmeyerâ€), and Cushman & Wakefield of California, Inc., and brokers, Marc D. Renard and Manfred W. Schaub (hereafter collectively “Cushmanâ€). HIT wanted to purchase a lessee’s leasehold interest in commercial real property, but the lessor exercised its right of first refusal to buy out the lease on the terms HIT negotiated. HIT alleged the defendants, the attorneys and brokers who represented it in the transaction, failed to advise it the lease contained a right of first refusal. The trial court sustained the defendants’ demurrers without leave to amend concluding HIT failed to allege proximately caused damages. HIT contends it adequately alleged the defendants were the “but for†cause of damages because had it known of the right of first refusal, it would have negotiated a less attractive deal so the lessor would not have exercised its rights. We find no merit to its contention and affirm the judgment.
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