Garcia

Garcia v. Roberts CA5

Good Law
Court of Appeal of CaliforniaSeptember 25, 2013F063386California4,603 words

Opinion

Opinion

Kane, J.

FACTS AND PROCEDURAL HISTORY

A. The First Trial In Garcia I, we provided a summary of the facts and circumstances leading to plaintiff’s lawsuit, as well as the proceedings that occurred in the first trial. For convenience, we reproduce much of that summary here:

“Factual Background Prior to Plaintiff's Lawsuit

“The parties’ dispute concerns a parcel of land located on Academy Avenue in Sanger, California (the property). Plaintiff originally rented the property, along with a mobilehome situated there, from an entity known as the Sasashima Family Trust for $500 per month. Plaintiff lived in the mobilehome and also ran a modest business as a backhoe operator from there. In 2001, plaintiff entered into negotiations with Akiko Sasashima, the trustee of the Sasashima Family Trust, to purchase the property. In October or November of 2001, an agreement was reached giving plaintiff an option to purchase the property for $140,000. Pursuant to that agreement, plaintiff paid the sum of $7,500 to the Sasashima Family Trust and was given two years to come up with the remaining balance of the purchase price ($132,500), with the $7,500 counting as a downpayment. In the interim,…

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