Krasley

Donald A. Nunn for Real Party in Interest.

OPINION

BROWN (Gerald), P.J.

Norman Krasley petitions for a writ of mandate to compel the trial court to vacate its order denying his motion for summary judgment and instead to enter summary judgment in his favor. The underlying action was brought by real party in interest James Brennan for specific performance or damages under an alleged contract between himself as buyer and Krasley and his deceased wife Beulah, as sellers, of real estate in Chula Vista. As a matter of law the affidavits show no enforceable contract for the sale of real estate. Summary judgment in Norman's favor should have been entered. (1) A writ of mandate is an appropriate method to require the trial court to do so ( Roman Catholic Archbishop v. Superior Court (1971) 15 Cal. App.3d 405, 410 [ 93 Cal. Rptr. 338 ]; Burke Concrete Accessories, Inc. v. Superior Court (1970) 8 Cal. App.3d 773 [ 87 Cal. Rptr. 619 ]).

The facts established by the parties' affidavits and depositions lodged with the court and the documents offered as exhibits below are: Brennan, a real estate broker, sued for specific performance, or alternatively for damages, based on an alleged contract…