Al J. Vela & Associates, Inc. v. Glendora Unified School District

Hughes Development Corporation (Hughes) appeals from a judgment ordering it to convey to Al J. Vela & Associates, Inc. (Vela) a piece of real property known as the Bender School Site.

Vela commenced an action to enjoin Glendora Unified School District from selling the property to Hughes. The action arose out of the following circumstances: Vela submitted the high bid for the property; that bid was matched by Hughes acting as a representative of the estate of the deceased former owner from whom the district had acquired the property; pursuant to Education Code former section 39369.5 the district accepted Hughes’ bid; the representative of the estate of the former owner then conveyed to Hughes all of the right, title and interest that the estate held in the property. Judgment was entered denying the requested injunctive relief and dismissing the action. A month later the district sold the property to Hughes. On Vela’s appeal from the judgment, this court held that under Education Code section 39369.5 the right of the former owner to purchase the property is personal to him and terminates upon his death; accordingly, that right does not become an asset of his estate to be…