Southard
Southard v. Tornel
Opinion
Lead Opinion
Woods, J.
*1034 Opinion
Appellants Mario Tomel and Martha A. Silva purchased a home from Mary Buchenau in a public auction conducted by respondent Public Guardian of Los Angeles County in his capacity as conservator of her estate. The probate court confirmed the sale to appellants, but the parties thereafter failed to consummate the sale by the end of a 60-day escrow period. Respondent then instituted a proceeding to vacate confirmation of the sale to appellants, authorize a resale of the property, and allow respondent to retain appellants’ bid deposit. The probate court ruled that appellants had breached their agreement to purchase the property. It authorized respondent to retain appellants’ bid deposit and, separately, ordered appellants to pay $60,062 to the Buchenau estate in damages. Appellants bring this appeal from those orders on two grounds: first, that the probate court abused its discretion in refusing to set aside its finding that they had breached the purchase agreement; and second, that the court was collaterally estopped from finding against them by virtue of its mling in a similar proceeding in which respondent was involved. As we shall explain, appellants have failed to…