Does a court have jurisdiction to award a share of a commission for a sale of a property where there was no dispute between the parties at the time of the transaction?

California, United States of America


The following excerpt is from Goossen, Application of, 185 Cal.App.2d 810, 8 Cal.Rptr. 855 (Cal. App. 1960):

Appellant also contends that there was no existing controversy between the parties at the time of the arbitration and cites Aurandt v. Hire, 175 Cal.App.2d 758, 346 P.2d 800. This was a case where the trial court confirming an arbitration award did not have jurisdiction thereof. His argument is to the effect that respondents' attempt to share in the commission was abortive since no fund existed at the time and no commission was yet earned as the sale had not closed, and that since under the cited cases no litigation can be commenced to obtain a share in the commission until a commission fund is in existence, no arbitration proceeding can be commenced until a commission fund is in existence.

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