California Court of Appeal

In a case involving terminated contracts to purchase parcels of real property and a refusal to return deposits, denial of summary judgment for defendant and grant of summary judgment for plaintiff is affirmed over claims that: 1) the court erred in determining that the contracts were not expressly conditioned upon the filing of a parcel map as required by section 66499.30(e) of the Subdivision Map Act; 2) defendant's recordation of the required parcel map prior to the closing date terminated any right plaintiff had to avoid the contracts under section 66499.32 of the SMA; and 3) plaintiff's acts following defendant's recordation of the parcel map constituted ratification of the contracts.

Appellate Information

• Decided 01/12/2007
• Published 01/12/2007

Judges

• NARES, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Brady, Vorwerck, Ryder & Caspino, Robert B. Ryder, Ravi Sudan, Orange;  Ryan, Swanson & Cleveland, Roger Kindley, Seattle, WA, and Robert R. King, Freemont, for Defendant and Appellant., Duckor, Spradling, Metzger & Wynne, Scott L. Metzger and Geoffrey C. Chackel, San Diego, for Plaintiff and Respondent.