Impact Realty v. Ortega CA2/1
Impact Realty, Inc. (Impact) appeals from a judgment granting judgment on the pleadings and nonsuit in its cause of action for conspiracy to defraud against Carol Ortega (Ortega), and awarding $25,073 in attorney fees to Ortega. We modify the judgment and affirm.
In a first amended complaint (FAC) filed January 9, 2015, Impact alleged that Leticia Soto Fernandez (Fernandez), Ortega, and Lotus Escrow were each the agent of the other and acting within the scope of that agency. The first cause of action, breach of contract against Fernandez, alleged that on April 4, 2013, Fernandez signed a one-year listing agreement with Joann Verduzco, an Impact agent, to sell a house Fernandez owned in West Covina.
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