Martin

Andrade Development Company (Andrade) appeals an adverse judgment in its action for breach of a real estate sales contract.

In its original complaint, Andrade sought specific performance or, alternatively, damages from the sellers, Arnold and Ardismae Martin. The court sustained a demurrer without leave to amend as to Ardismae because the realty in question was community property and Ardismae never signed the sales contract. Andrade’s amended complaint alleged a breach of contract by both Arnold and Ardismae and sought partial specific performance as to Arnold’s undivided one-half interest or, alternatively, damages. In a separate cause of action, the amended complaint sought damages against defendants Thomas E. Starr, Dessi Starr, Paul Evans and Mary P. Evans (Starr) for inducing the Martins to breach the contract with Andrade and sell the property to them.

Ardismae cross-complained for cancellation of the unsigned contract, and Starr cross-complained for slander of title. The court granted Starr’s motion to expunge a lis pendens on the property and also granted an order striking all references to specific performance in Andrade’s amended complaint.

The trial of the…