Determine how the court should decide the issue(s) and give detailed reasons why. In a complaint for breach of contract filed with the Los Angeles superior court, plaintiff, james gimmie, a licensed real estate broker alleges in or about march of 2013, defendant jewell noway was the owner of the real property commonly described as 4401 w. Beverly ave, los angeles, california ("the property”). Gimmie and noway were in a boyfriend/girlfriend relationship which ended in may 2013. In or about march of 2013, gimmie and noway entered into a oral agreement whereby gimmie agreed to arrange for the repairs and improvements of the property in order to get the property in proper condition for sale. Plaintiff alleges that defendant agreed and in consideration for such performance that gimmie would be the listing agent for the sale of the property for which gimmie would earn a commission of five (5) percent of the sale's price. Further, gimmie alleges that pursuant to said agreement, gimmie did arrange for the repairs and improvements to be made on the beverly property by a contractor named humberto doall. Said improvements and repairs were performed in a good and proper manner and, therefore, gimmie fully performed his duties under said agreement. In or about july of 2013, noway sold the property for a purchase price of $780,000 in an all cash transaction. At that time, gimmie alleges noway breached her agreement with gimmie by failing and refusing and continuing to fall and refuse to pay gimmie the five (5) percent commission owing on the sale of the property.

Because of the breach by noway, gimmie has been damaged in the amount of $39,000 for unpaid commission.

After submitting your case brief, you will analyze the case problem. You will determine how the court should decide the issue(s) and give detailed reasons why.