Andrade v. De La Cerda-Lim
Plaintiff and Appellant Alin Andrade appeals from the judgment entered in favor of Defendant and Respondent Gabriella De La Cerda-Lim following the sustaining of Defendant’s demurrer to the third amended complaint without leave to amend. Defendant is a licensed real estate broker. Defendant allegedly employed a licensed real estate salesperson, Natalie Tibbs, who also is named as a defendant in this action. Plaintiff seeks to hold Defendant vicariously liable for Tibbs’ alleged misconduct in connection with Plaintiff’s investment in a real estate “flipping†venture. When Tibbs was hired, Defendant registered the fictitious name “Brookdale Properties†with the Department of Real Estate (DRE), and Defendant and Tibbs conducted business under the fictitious name “Brookdale Properties.†In sustaining Defendant’s demurrer, the trial court concluded that Defendant could not be held vicariously liable for Tibbs’ alleged misconduct after Defendant notified the DRE that she had terminated her affiliation with Brookdale Properties. Because we hold that Defendant’s cancellation of a fictitious business name does not establish, as a matter of law, that Defendant severed her alleged employment relationship with Tibbs, we reverse the judgment.
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