“A Successful Lawsuit Is One Worn By A Policeman,” Robert Frost.

In March 2004, a real estate broker signed an exclusive listing agreement with the seller of acreage. In September 2004, a potential buyer extended an offer directly to the seller. Meanwhile, as the seller negotiated with the potential buyer, plaintiff continued to market the property. The sale of the property closed in July 2005 with a sales price of $11,800,000; the buyer’s agent received a commission payment of $354,000, which was three percent of the gross sales price. The next day, the corporate seller transferred all but $474.45 out of its bank account and began dissolution proceedings. Plaintiff initiated arbitration against the seller. A default “prove-up” was conducted after the seller did not comply with the obligation to pay the required arbitration costs. The arbitrator issued a $906,640.30 award to plaintiff, which comprised six percent commission plus prejudgment interest and costs. The award was confirmed by the superior court and the judgment was affirmed on appeal. When it turned out that the seller’s corporation had dissolved after distributing all its assets, plaintiff filed another action against the individuals. After a jury verdict, the court entered judgment for plaintiff of $354,000, and denied plaintiff’s posttrial motions for fees and prejudgment interest. On appeal, the individuals claimed numerous instructional and evidentiary errors, which the appellate court rejected, and the judgment was affirmed. With regard to prejudgment interest, the appellate court held the trial court correctly denied plaintiff’s motion because the amount plaintiff was claiming due was unliquidated, noting that had plaintiff “consistently requested and advocated for a commission of $354,000, it would have been entitled to prejudgment interest.” But the appellate court reversed the trial court’s order regarding plaintiff’s attorney fees and remanded for the court to conduct a hearing as to the amount of attorney fees. (CB Richard Ellis, Inc. v. Terra Nostra Consultants (Cal. App. Fourth Dist., Div. 3;October 7, 2014) 230 Cal.App.4th 405, [178 Cal.Rptr.3d 640].)