Seeking $250,000 in Compensatory Damages, $1,250,000 in Punitive Damages and Non-Economic Damages (NOTE: Compensatory and Punitive overlap with claims against others and will only be collected 1x)
Fraud 7 counts / Interference with Commercial Matters / Personal Injury
Defendants Pamela Palacios and Peter Whyte were Buyers Agents for the Plaintiffs.
Palacios, under the guidance and control of her fellow Coldwell Banker Agent, Whyte, played the key "insider" role required for the Seller's Agent and Seller to execute a $250,000 fix up and disclosure fraud scheme. The scheme attempted by the Seller's Agent was extremely bold, because to be successful, it relied on Buyers Agents unknown to him at time of scheme initiation. Insincere Buyers Agents were and are the linchpin in the scheme. Without them the scheme can not be executed. Whyte and Palacios stepped in and filled that role when the opportunity presented itself.
Whyte has been an Agent since 1978. In the early 2000's he setup the Coldwell Banker Agent Training program in Beverly Hills. In 2018 he relocated to Monterey Bay to share his "skills" with the locals as a "mentor" and "transaction coordinator". In 2021, Whyte gained Palacios as a mentee, and guided her into and through a fraudulent scheme with consequences that both should remember for one reason or another, for many years to come.
Canary v Palacios et al ( Folder public pvt )
Summons (1 page) view
Cover Sheet (2 pages) view
Complaint (69 pages) view
Complaint Exhibits
A1) Fiduciary Agreement (2 pages) view
A2) Visual - As Is Sales (2 page) view
A3) Visual - Jue v Smiser - Representation Stmt Period Diagram (1 page) view
A4) Visual - Supposed to v Actual - As Is Sale (2 pages) view
A5) Visuals - Bayview 14 (12 pages) view
A6) RPA Clauses 14A and 14F - Fraudulent ( 6 pages) view
A7 ) Case Precedents - As Is Sales (11 pages) view
A8) Case Precedents - Broker/ Agent fraud (9 pages) view
A9 ) CA 1102 vs RPA clauses (12 pages) view
A10) Incomplete SPQ, Sellers AVID , TDS (4 pages) view
A11) 2011/2019 presentations to CA BAR - Jue v Smiser ( 5 pages) view
A12) 8 Tiers of Fraud ( 2 pages) view
A13) Damages ( 8 pages ) view
4/25/2024 - complaint filed...
5/3/2024 - Whyte was served
xxxx - Palacious out of country. Dismissed for now.
8/27/2024 - 9am / 14 / Panetta
Supplemental Filings
Case Management Statement view