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WILLIAM L. LYON & ASSOCIATES, INC. v. SUPERIOR COURT

No. C068878.

204 Cal.App.4th 1294 (2012)

139 Cal. Rptr. 3d 670

WILLIAM L. LYON & ASSOCIATES, INC., et al., Petitioners, v. THE SUPERIOR COURT OF PLACER COUNTY, Respondent; TED HENLEY et al., Real Parties in Interest.

Court of Appeals of California, Third District.

April 12, 2012.

Attorney(s) appearing for the Case

Chaffin • Samuels, Samuels Law and Debra L. Samuels for Petitioners.

June Babiracki Barlow, Neil D. Kalin and Brian Polinsky for California Association of Realtors as Amicus Curiae on behalf of Petitioners.

Murphy, Campbell, Guthrie & Alliston, George A. Guthrie and Suzanne M. Nicholson for Real Parties in Interest Ted Henley and Patti Henley.

Radoslovich | Krogh, Frank M. Radoslovich and John C. Whidden for Real Parties in Interest Robert Costa and Denise Costa.

OPINION

HOCH, J.—

This original proceeding illustrates the perils that real estate brokers and their agents assume when acting as a dual listing agent with duties to both the buyers and sellers of the same house. We consider whether Civil Code section 2079.41 or the standard buyer-broker agreement form issued by the California Association of Realtors (Association) governed the limitations period for filing...

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