Pellandini

Cathryn Pellandini Valadao appeals from a judgment for specific performance and declaratory relief entered after the trial court granted plaintiff James Pellandini’s motion for summary adjudication.

The trial court determined that Pellandini’s right of first refusal to purchase property owned by Valadao and her sister, Suzanne Wooldridge, as tenants in common, was triggered when Wooldridge gave Valadao a deed of her interest in the property in lieu of foreclosure after Wooldridge defaulted on a loan to Valadao secured by her interest.

We shall conclude that the deed in lieu of foreclosure did not trigger Pellandini’s right of first refusal because Wooldridge’s conveyance of her cotenant’s undivided one-half interest in the property as satisfaction of a debt owed her cotenant did not constitute a “bona fide offer for purchase of the property” by a third party as provided in the parties’ agreement.

Accordingly, we shall reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Albert Pellandini, Sr. died in 1990, leaving 582 acres in trust to his grandchildren, consisting of four parcels. Three of the parcels were devised to James Pellandini. Half of parcel 4 was devised…