Bel Vino, LLC v. Stuart CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

In 1994, Marshall Stuart, a general contractor, and his then wife, Susan,

purchased real property (the property) located in Temecula. The Stuarts opened

Stuart Cellars, a winery, on the property. George Cartwright acted as the chief

operating officer for Stuart Cellars. At some point in time, cell towers were

constructed on the property. In 2007, Riverside County cited defendants for

operating an unpermitted winery. Defendants later submitted and obtained

approval for a plot plan subject to certain conditions of approval. Marshall

understood that the purpose of the plot plan was to legalize the winery. In 2011,

the Stuarts sought to sell the winery due to their divorce.

2 Danny Martin, a commercial real estate appraiser and grape farmer, learned

from Cartwright that the property was for sale. Michael Newcomb, Marshall's

attorney, introduced Martin to Janko.1 Martin conveyed to Newcomb that Janko

was a very sophisticated buyer. Janko later hired Martin to help him purchase a

winery, or land to develop into a vineyard. Martin told Janko that the Stuart

Cellars property was for sale and the men went to look at the property.…