Case Counsels Against Suing Brokers And Agents Under Boilerplate “Agent/Employee” Pleading Allegations As If They Are Parties.
The result in Dow v. Burrell, Case No. B330855 (2d Dist., Div. 8 Nov. 22, 2024) (unpublished) is a case where a disgruntled residential buyer plaintiff sued seller (who was defaulted) and his brokers, agents, and their affiliates (who did successfully contest) various charges associated with the purchase and sales agreement. Plaintiff sued the brokers, agents, and their affiliates as if they were parties and further included boilerplate allegations that they were seller’s agents and employees. The lower court granted these defendants’ motions for attorney’s fees under the contractual fees clause because they prevailed by defensing plaintiff buyer’s contract claims.
The 2/8 DCA affirmed. Because these defendants were sued as if they were true parties, even though they were non-signatories, they were entitled to fees under Reynolds Metals (our Leading Case No. 5).