Within a week of the search, Trask then quit his job and relocated to San Diego, telling agents he was staying with family who lived there, according to ICE. Trask was indicted in federal court in November for possession and distribution of child pornography. The investigation revealed that Trask was involved in sharing more than images and at least Homeland Security agents in San Diego attempted to locate Trask at two separate addresses, but were unsuccessful.
Then in January , agents made a second attempt to locate Trask in San Diego, but again were unsuccessful. Long Beach Pub. Transportation Co. County of Alameda 27 Cal. The existence of a legal duty is a question of law for the court. Leger v. Stockton Unified School Dist.
County of Alameda, supra, 27 Cal. Gilbert's indebtedness to Krug, but claims there was no duty of disclosure with respect to the Noble transaction. He urges at the outset that he had no privity of contract with Krug and therefore had no special relationship which would create a legal obligation toward him. Seymour Cal. Civil Code section entitled "Agent's responsibility to third persons" provides that "One who assumes to act as an agent is responsible to third persons as a principal for his acts in the course of his agency, in any of the following cases When his acts are wrongful in their nature.
Nguyen v. Scott Cal. Strassburger Cal. Wolfsen Cal. The question is the extent of that duty that will be imposed on the broker. Real Estate 2d ed. This question is answered by weighing a number of factors, including the extent the transaction was intended to affect the third party, the foreseeability of harm, the degree of certainty the third party suffered injury, the moral blame attached to the broker's conduct, and the policy of preventing future harm.
Gregory 24 Cal. Irving 49 Cal. The imposition of a duty on a realtor to disclose a known unrecorded lien interest is supported by standards already existing in the industry. The code of ethics of the National Association of Realtorsfn. The most important step in determining if a broker owes a duty of care to a third party is to examine "whether a reasonable person would have foreseen an unreasonable risk of harm to the third person and whether in view of such risk the broker exercised ordinary care under the circumstances.
Gilbert, had fallen on financial hard times and was in default on Webster; he also knew that Krug held an unrecorded security interest in the property; he knew or certainly should have known that the sale to the Noble Group would not satisfy the outstanding indebtedness to Krug and that there was a significant risk that Krug's security would be destroyed if the sale went through without disclosure to the buyer or Krug.
Notwithstanding this knowledge, Praszker kept both the buyer and Krug in the dark about the sale, resulting in Krug's loss of his security. Praszker had obviously earlier understood the importance of his obligation of disclosure as exemplified by his conduct with respect to the proposed sale to Eftil Corporation.
However, he chose to remain silent about the subject on the second sale. Constant are the opportunities by concealment and collusion to extract illicit gains. He is accredited by his calling in the minds of the inexperienced or the ignorant with a knowledge greater than their own.
Strassburger, supra, Cal. Lobe N. As stated in the preamble to the National Association of Realtors' code of ethics, "The term Realtor has come to connote competency, fairness, and high integrity resulting from adherence to a lofty ideal of moral conduct in business relations.
No inducement of profit Although expert testimony is not determinative on the subject, it is noteworthy that all three experts who testified at trial agreed, at least in principle, with this conclusion. We do not accept Praszker's argument that he fulfilled his obligation of fairness by informing Krug in January of the proposed sale to Eftil.
When the listing was originally taken, Praszker substantively promised Dr. Gilbert that he would "take care of everything" including Krug's third deed of trust. Once that sale fell through and a new escrow was opened, Praszker's duties of disclosure arose anew. As a result of his silence, the Noble Group was allowed to take the property free and clear of the Krug deed of trust, and his security interest was destroyed.
Shahwan lives in Vallejo, but often spends time in San Francisco with Andrus. Shahwan lived with Andrus in at the Krupa Hotel , a single-room-occupancy hotel at Jones St. Andrus was arrested Friday evening at the Tenderloin home of year-old Mark Keever , following an anonymous tip to police.
Keever, who was also briefly detained, said Andrus was a friend he met about three years ago standing in line at a methadone clinic across the street from his home at Turk St. Keever, who believes Andrus is innocent, said his new friend would stop by his apartment over the years to hang out, watch TV, use the shower and spend the night.
Are they toothless? You must log in to post a comment. Best Of. Illegal Fireworks Create Nightmare July 4th For San Francisco Bay Area Firefighters As dawn rose Sunday, firefighters across the San Francisco Bay Area were able to finally breath of sigh of relief as the night of or more fire calls came to an end, dozens and dozens of the blazes triggered by the use of illegal fireworks.A year-old woman on a morning walk in San Francisco was grabbed and dragged into the home of a man, attacked by a pit bull, held captive for five hours and repeatedly raped before being left.