Ari Markow and Mark Wilson Victorious in Breach of Contract Case

Los Angeles Partner Ari Markow and San Francisco Partner Mark Wilson were recently successful in a breach of contract case against our client, a licensed real estate broker.

In the original trial, Plaintiff sued our client and a construction company separately operated by their real estate agent for several causes of action, including breach of contract, fraud, elder abuse, negligent supervision, and breach of fiduciary duty. Plaintiff alleged that the construction company diverted funds and fraudulently billed them for work that was never completed. The plaintiff claimed that our client, the real estate broker, was liable for the construction company’s actions, as they were supervising the real estate agent and failed to oversee the construction work his company performed The trial court sustained our client’s demurrer as to the breach of fiduciary duty cause of action and, later, granted our motion for summary judgment on the remaining claims. Plaintiff appealed.

The Court of Appeal affirmed the judgment, agreeing with the trial court that, while our client had a duty to supervise the real estate agent in the course of his real estate duties, the alleged harm occurred during the agent’s separate construction activities, and our client had no duty to supervise the agent in his capacity as a general contractor operating his own separate construction company.

About Our Team

Ari Markow is a member of the Construction Law, Corporate and Commercial Transactions, and Real Estate teams. He focuses his practice on corporate structure, commercial transactions, and complex litigation, providing strategic counseling to emerging growth companies on financing and management issues. Beyond his legal practice, he serves as pro bono general counsel for the surf therapy non-profit A Walk On Water.

Mark Wilson is a member of the Appellate Law (Strategy, Writs, & Appeals) team. Mr. Wilson has an extensive appellate background and has litigated in the California Supreme Court, California Courts of Appeal, and the United States Court of Appeals for the Ninth Circuit. Additionally, he serves on the board of the American Constitution Society’s Bay Area Lawyer Chapter and the Amicus Committee of the Association of Defense Counsel of Northern California and Nevada.