Seeking Nominal Compensatory Damages for Fraud, and Damages for Personal Injury
Fraud - 9 Counts (Actual or Constructive)
Tracy Travaille is a Licensed Broker who owns "Travaille Transactions". She specializes in Transaction Coordination for other Brokerages, Brokers and Agents. Tracy got involved with the Real Estate Industry in 2004 and became a Licensed Broker in 2005. There seems to be little seasoning requirements to become a Broker in CA. Tracy's website indicates she's handled over 15,000 transactions. The Transction Coordination industry seems to be generally "unregulated". Although she has a Brokers License it seemingly is not required. A Transaction Coordinator executes tasks an Agent would otherwise do. In that regard, they are not an "assitant" to an agent, they are a surraogate for those tasks, which becomes extremly concerning when you relize those tasks ARE the real estate transaction. (expand for more)
Tracy took possession of three patently incomplete statutory disclosure documents which contained representation statements for the seller, and needed to be conveyed to the Buyers BEFORE agreement acceptance to provide Buyers with proper As Is condition understanding and to provide legal protection to the Seller from claims of Fraudulent Misrepresentation Tracy conveyed those patently incomplete documents to a Buyer AFTER contract agreement with no notice of their incomplete status and no notice to the Seller's Broker about incomplete documents. Tracy later became aware of numerous fraudulent answers on the documents. Tracy then was unable to deliver a completed document when demanded. The file was closed with incomplete statutory disclosure documents with fraudulent statements by the Agent and Seller on them. No notice to the responsible broker was made and no complaint was filed with the CA DRE.
Canary et al v Travaille ( Folders public pvt )
Summons (1 page) view
Cover Sheet ( 2 pages) view
Complaint ** ( 30 pages) view
Complaint Exhibits
A1) Fiduciary Agreement (2 pages) view
A2) Incomplete SPQ, Sellers AVID , TDS view
A3) Visual - As Is Sales (2 page) view
A4) Visual - Jue v Smiser - Representation Stmt Period Diagram (1 page) view
A5) Visual - Supposed to v Actual - As Is Sale (2 pages) view
A6) Visual - Bayview 14 abridged (4 pages) view
A7) CA 1102 vs RPA Clauses(12 pages) view
** - This is not my best complaint. It conveys the story but the legal portion was usable butpoor. I have far greater insight now as to how to write it with laser focus.
4/25/2024 - Filed
5/3/2024 - Served
Response due by 6/3/2024
8/27/2024 - 9am / 14 / Panetta
Declaration 1 - Demurer Response ( folder )
Declaration Cover Page (1 page) view
0603-1 Letter to Court about Demurrer (16 pgs) view
0603-2 Flow Chart - Txn Coordinator / legal Lobby (1 pg) view pdf as sent view current (pdf) view current (png)
0603 -3 Copy of Email Dialogue - Huff / Ta - ch1 (22 pgs) view
0603-4 Copy of Letter 2 to Attys Huff / Ta (20 pgs) view
0603-5 Copy of Letter to Will Fiske (23 pgs) view
0605-6 Declaration to 3 Judges for 6 complaints -Court Integrity (42 pages) view
subtotal -- 125 pgs
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Case Management Statement for defendant view
Case Management Statement for plaintiff + 6 pages view supplement
1st ammended complaint view
Tracy is located in the Red Cloud on the lower left, in the middle.