California Court of Appeal

In dispute over option to purchase property plaintiff was leasing from defendant arising from defendant's transfer of property to partners' grandchildren without allowing plaintiff option to purchase it, summary adjudication for defendants is affirmed where this particular intra-family transfer did not trigger the right of first refusal as it was not made pursuant to a bona fide offer from any third party for the purchase of the property, as required by the parties' agreement.

Appellate Information

• Decided 07/17/2007
• Published 07/17/2007

Judges

• PREMO, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Rossi, Hamerslough, Reischl & Chuck, Ronald R. Rossi, Susan R. Reischl, San Jose, Wendel, Rosen, Black & Dean, Charles A. Hansen, Oakland, Amanda Steiner, for Plaintiffs and Appellants Glen Hartzheim, Glen Hartzheim Capitol Dodge, Hartzheim Enterprises.


• For Appellees:
  
• Reed Smith, Paul D. Fogel, Dennis Peter Maio, San Francisco, Ruby & Schofield, Allen Ruby, Glen W. Schofield, San Jose, for Defendants and Respondents Valley View Packing Company, LLC, Valley Land & Cattle Company, Salvatore J. Rubino, Kimberly A. Rubino, Patricia G. Rubino-Brunetti, as Trustee of the Tricia Andrea Marie Brunetti Trust No. 3, and Patricia G. Rubino-Brunetti, as Trustee of the Michael Leonard Brunetti Trust No. 3.