California Court of Appeal

In a case involving a contract for the purchase and sale of real property, grant of defendants' demurrer to plaintiff's complaint on the ground that the contract for sale of the property was void is affirmed where: 1) the Map Act prohibits the sale of a parcel of real property until a parcel map has been filed unless the contract to sell the property is "expressly conditioned" upon the approval and filing of a final map; and 2) the contract was void at its inception because the waiver provision violated the Map Act.

Appellate Information

• Decided 01/23/2009
• Published 01/23/2009

Judges

• ROBIE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Office of David J. Lonich, David J. Lonich, Redding, for Plaintiff and Appellant.


• For Appellees:
  
• Morgan Miller Blair, Marilyn Morris, Kevin R. Brodehl and Katherine F. Wenger, Walnut Creek, for Defendant and Respondent Cannery Business Park., Trainor Fairbrook, John D. Fairbrook and Arthur B. Mark III, Sacramento, for Defendants and Respondents Angelo K. Tsakopoulous, C. Street Investor, C Street Investor II.