Chris Cortazzo (defendant), a salesperson for Coldwell Banker Residential Brokerage Company (Coldwell) (defendant), was hired to sell a specific Malibu property. Another Coldwell salesperson showed the Malibu property to Hiroshi Horiike (plaintiff), a potential buyer. In the course of showing the property, Cortazzo gave Horiike a flier stating that the property was 15,000 square feet. However, Cortazzo had information stating the property was only 9,434 square feet. Moreover, Cortazzo did not advise Horiike to hire a specialist to verify the area of the property. Horiike and Cortazzo signed a confirmation of a real-estate agency relationship, which explained that Coldwell was the dual agent of both the buyer and the seller. Horiike and Cortazzo also signed a disclosure agreement, which explained that a dual agent had a fiduciary duty to both the buyer and the seller. Horiike later determined that the property was less than 15,000 square feet. Horiike sued Coldwell and Cortazzo, alleging a breach of fiduciary duty. At trial, Coldwell moved for nonsuit on the ground that Cortazzo had no fiduciary duty to Horiike. The trial court granted Coldwell’s motion, and Horiike appealed.