Plaintiffs filed a class action against a San Diego-based real estate broker, it’s agents, and a third-party real estate services company. Plaintiffs alleged breaches of fiduciary duty, violations of Civil Code section 1710, violations of Business and Professions Code section 17200, constructive fraud, unjust enrichment and requested an accounting. The Complaint alleged the real estate broker used a software sublicense program as a “kick back” for referral of real estate settlement services.
Grebing and Friedman first successfully defeated the class action complaint by compelling the named Plaintiffs’ claims to individual arbitration. After a three-day arbitration hearing, the arbitrator found that the “facts are the polar opposite to the factual inferences drawn from the pleadings” and entered an award in favor of Wingert’s clients. Following the arbitration, the arbitrator granted Wingert’s Motion for Attorneys’ Fees and awarded the firm and its clients $310,664 as reasonable attorneys’ fees and costs.