Lorbeer v. Trustees of James A. Crooker Family Trust

Filed 1/19/07  Lorbeer v. Trustees of James A. Crooker Family Trust CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

            APPEAL from a judgment of the Superior Court of Los Angeles County, Robert E. Thomas, Temporary Judge.  (Pursuant to Cal. Const., art. VI, § 21.)  Affirmed.

            Carroll & Werner and David B. Carroll for Plaintiff and Appellant.

            Turner Aubert & Friedman and Steven A. Morris for Defendant and Respondent.

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            This is an appeal from a defense judgment in a breach of contract action arising from a failed real estate sale.  Wilbur W. Lorbeer, the plaintiff buyer, argues there is insufficient evidence to support the trial court's findings.  We find substantial evidence to support the trial court's finding that the seller did not agree to the contract upon which the plaintiff sued.  In light of that conclusion, we do not reach other arguments related to alternative findings and conclusions by the trial court.

FACTUAL AND PROCEDURAL SUMMARY

            James Crooker and his wife June[1] owned several parcels of land in the City of Signal Hill (the property) where he previously had operated a car dealership.  In 1999, the dealership moved to another location and the property was unoccupied.  Crooker decided to sell the property and engaged Mr. Eddy at the INCO real estate agency as his broker to sell the property.  In an earlier unrelated property sale, Crooker incurred major expenses for soil remediation, so he wanted someone else to be responsible for soil remediation on the property he was now selling. 

            Lorbeer retained Mr. Eddy's partner, Douglas Shea of INCO, to represent him in making an offer on the property.  On February 4, 2002, Lorbeer offered $2,142,680 to buy the four parcels.  (We refer to this as â€