VIEWPOINT NORTH
- STAFFORD LLC, a No. 43018 5
- II
-
Delaware limited liability company,
VIEWPOINT AT SHOREWOOD LLP, a
Washington limited liability partnership,
ROBERT S. ROBERTS and ANNE G.
ROBERTS,
Appellants,
V.
CB RICHARD ELLIS, INC., a Delaware PUBLISHED OPINION
corporation, ARIA ASSET MANAGEMENT
LLC; MICHELLE E. BROCK, JAMES N.
DONNERSTAG, MERRIAH J. HARKINS,
JULIE BROCK HERZOG and DANIEL W.
BROCK,
JOHANSON, J.
A.
C. Robert
— and Anne Roberts (the Roberts) sued real estate broker
James Donnerstag and his employer, CB Richard Ellis, Inc.,under The Securities Act of
Washington ( Act
" "). The Roberts alleged (1)that Donnerstag made material misrepresentations
1
We refer to both Donnerstag and CB Richard Ellis,Inc. as " Donnerstag"unless noted.
2
Chapter 21.20 RCW.
No. 43018 5
- II
-
and omissions in selling the Roberts a DBSI property interest; (2)that he sold unregistered
securities as an unregistered securities broker; and ( 3)that CB Richard Ellis, Inc.,as his
employer, incurred liability because it controlled him as a seller under the Act. The trial court
granted Donnerstag summary judgment after concluding that Donnerstag did not sell the DBSI
property to the Roberts. We affirm the trial court's summary judgment in favor of Donnerstag
and CB Richard Ellis because the Roberts failed to show that Donnerstag substantially
contributed to the sale of the property and therefore Donnerstag was not a seller under the Act.
Accordingly, CB Richard Ellis,Inc. did not control a securities seller.
FACTS
In 2007, the Roberts sold a property and sought to defer their capital gains taxes on that