SIXELLS, LLC v. Cannery Business Park

This case involves a contract for the purchase and sale of four acres of real property. The contract allowed the purchaser of the property and drafter of the contract, plaintiff Sixells, LLC, to complete the purchase if, at its election, the four acres were made into a legal parcel by recording a final map or if Sixells “waived” the recording of a final map. Sixells and the seller, defendant Cannery Business Park (the Cannery), signed the contract. Before the property was sold to Sixells, the Cannery terminated the contract. The Cannery eventually sold the property to a group of investors comprised of defendants Angelo K. Tsakopoulos, C Street Investor, LLC, and C Street Investor II, LLC (collectively the C Street Investors). Sixells sued the Cannery, Tsakopoulos, and the C Street Investors. They demurred to the complaint on the ground that the contract was void. The court agreed and sustained the demurrers without leave to amend. Sixells appeals.

We hold the contract was void at its inception because the waiver provision violated the Subdivision Map Act (Gov. Code, § 66410 et seq.), which prohibits the sale of a parcel of real property until a parcel map has been filed…