Chess

BACKGROUND

I. The Specific Performance Action The underlying action for specific performance, Guinnane Construction Co., Inc. v. Peterson et al. (Super. Ct. Alameda County, No. RGI 7-861212)), arose from a real estate transaction involving an approximately 80-acre parcel of land in Livermore, California (the Property). At the time relevant to the transaction, Cliff and Barbara DeLima, a married couple, owned a 50 percent undivided interest in the Property 1 and resided there. Roy Guinnane, the principal of Guinnane Construction Co., Inc. (Guinnane), was a close friend of the DeLimas. The remaining 50 percent interest was owned by Russ Peterson, Janet Peterson, and Christie Hibner (collectively, the Petersons). In 2016, defendants explored the possibility of acquiring the Property for purposes of developing a polo field. Jin wanted to purchase the entire

1 The DeLimas’ interest was held by their marital trust. For ease of reference, we refer to it as the DeLimas’ interest.

2 property. Chess contacted Russ Peterson and Clifford DeLima and learned that the DeLimas had their primary residence on the Property and did not want to sell their interest. Chess and Jin changed plans and…