WT Wins: California Superior Court Judgment Clears Obstacle for Prime Real Estate Sale
September 30 2020
In September 2020, Weintraub attorney Shauna Correia obtained a judgment in favor of our client from the California Superior Court, County of Alameda. The client is a limited liability company that owns, and desires to sell, more than 150 acres of prime real estate. An adverse party sought to interfere with a proposed sale to a third party developer, claiming entitlement to a significant percentage of the sales price upon sale of the property, a right of first refusal to purchase the property, and a right to occupy a home on the land if the land is developed. The adverse party argued that he had an alleged contract with the owner’s predecessor (a family member) and/or equitable rights, in exchange for work performed by the adverse party prior to the predecessor owner’s death. The potential purchaser requested that the owner remove the cloud on title and take all necessary steps to ensure the dispute would not hinder the sale. After the adverse party rebuffed all efforts to resolve the matter privately, Shauna brought suit, seeking to quiet title to the property and declaratory relief declaring the alleged contract or other rights and entitlements unenforceable as against the current owner and/or the land. The Court granted our client the requested judgment on all counts, after a contested evidentiary hearing, removing a major impediment to our client’s ability to sell the land. (Party names not used to protect client privacy).