What is the test for a de novo review in a real estate transaction?

California, United States of America


The following excerpt is from Dubasso v. LQR Resort Desert Real Estate, E069952 (Cal. App. 2019):

95 Cal.App.4th 870, 878.) But in conducting our de novo review, we apply the same three-step process required of the trial court: We first identify the issues framed by the pleadings, because the motion must respond to these allegations by establishing a complete defense or otherwise showing there is no basis for relief on any theory reasonably contemplated by the pleadings. Second, we determine whether the moving party has established facts justifying a judgment in its favor. Third and finally, and if the moving party has met its initial burden, we determine whether the opposition has demonstrated the existence of a triable issue of material fact. (Eriksson v. Nunnink (2011) 191 Cal.App.4th 826, 848.)

B. Applicable Legal Principles

1. The Fiduciary Duties of Real Estate Brokers and Their Agents

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