Mitchell v. Irigoyen CA5

BACKGROUND

In 2002, respondents rented a mobile home on a small parcel of property located in Weldon from Victor Little (Victor2). Respondents initially paid $325 per month as rent. In March 2007, at the suggestion of Victor’s mother, Nina Little (Nina), respondents entered into a land sale contract to purchase this property from Victor for $28,000. Respondents were to pay 10 percent down and $400 per month. The parties executed a written contract to that effect and respondents paid Victor $2,800 as the 10 percent down payment. However, respondents did not receive a copy of this contract. In May 2008, at respondents’ insistence, Victor drafted a second written land sale contract. This contract stated that the selling price was $28,000 and that respondents owed Victor a balance of $22,150. The contract further provided that respondents were

All further statutory references are to the Code of Civil Procedure. First names are used for convenience only. No disrespect is intended.

2. to make fifty-five $400 payments and a final payment of $150 after which the property would be transferred to respondents. Further, beginning January 2009, respondents were to start…