Prahm v. Pickford Real Estate
Following a bench trial on plaintiff and appellant Ole Prahm's complaint for recovery of a real estate broker's commission, the trial court found Prahm was the procuring cause of the sales transaction and awarded him $120,210 in damages, constituting one-half of the commission received by defendant and respondent Pickford Real Estate, Inc., doing business as Prudential California Realty (Prudential). The court also awarded Prahm prejudgment interest from the date of the filing of his complaint under Civil Code[1] section 3287, subdivision (b).
Prahm appeals, contending the court erred by (1) failing to award him the full $247,225 commission due him under Multiple Listing Service (MLS) rules and pursuant to section 3302 and (2) computing prejudgment interest from the date of the filing of his complaint, rather than from December 31, 2007, the date escrow closed and Prahm's commission was to be paid. He argues his success on either of these contentions will entitle him to recover an additional $13,134.70 in expert witness fees under Code of Civil Procedure section 998.
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