Won Shil Park v. First American Title Co.
136 Cal. Rptr. 3d 684
Cal. Ct. App.2011Background
- Park sued First American Title Company for mishandling preparation of a deed of trust on property Park sold in Fresno, California.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Damages proof—existence of ready buyer | Park had a bona fide purchaser ready to bid up to $6.8 million | No proven ready, willing, and able buyer existed | No triable issue; no ready, willing, able buyer shown |
| Admissibility of declarations | Declarations of Park and broker show facts of buyer interest | Declarations contain hearsay/personal knowledge flaws | Court's evidentiary objections sustained; harmless error |
| Need for contract or offer to purchase | Broker identified a ready buyer and terms | No binding contract or offer produced | No triable issue; no contract or offer demonstrated |
| Financial ability of buyer | Buyer had potential financing; ready to purchase | No evidence of loan preapproval, funds, or cashier’s check | No triable issue; financial ability not shown |
| Continuation of summary judgment hearing | Continuance would allow obtaining buyer declaration | No affidavit showing need for continuance | Denial of continuance not abuse of discretion |
Key Cases Cited
- R. J. Kuhl Corp. v. Sullivan, 13 Cal.App.4th 1589 (Cal. Ct. App. 1993) (broker’s role in producing ready buyer; binding contract required for damages)
- Hicks v. Christeson, 174 Cal. 712 (Cal. 1917) (contract or offer must be provided to seller)
- Mattingly v. Pennie, 105 Cal. 514 (Cal. 1895) (preliminary communications insufficient)
- Massie v. Chatom, 163 Cal. 772 (Cal. 1912) (price memorandum not enough for contract)
- Herring v. Fisher, 110 Cal.App.2d 322 (Cal. App. 2d 1952) (financial ability required)
- South Bay Building Enterprises, Inc. v. Riviera Lend-Lease, Inc., 72 Cal.App.4th 1111 (Cal. Ct. App. 1999) (presence of cashier’s check at foreclosure supports damages)
- FPCI RE-HAB 01 v. E & G Investments, Ltd., Cal.App.3d 1018 (Cal.App. 1989) (damages require proof of ready, willing buyers)
- Lowell v. Mother’s Cake & Cookie Co., 79 Cal.App.3d 13 (Cal. Ct. App. 1978) (existing relationship with identifiable buyer matters)
- Westside Center Associates v. Safeway Stores 23, Inc., 42 Cal.App.4th 507 (Cal. Ct. App. 1996) (lost opportunity damages require reasonable certainty)
- Be hniwal v. Mix, 133 Cal.App.4th 1027 (Cal. Ct. App. 2005) (various ways to establish financial ability)
- Behniwal v. Mix, 133 Cal.App.4th 1027 (Cal. Ct. App. 2005) (economic damages proof standards)