Nichols v. Pico Ranch
In April 1999, Nichols and Holgate entered into an agreement for the sale of real property. The sale was contingent upon the completion of certain preliminary development conditions. As of July 15, 2003, the conditions had not been satisfied and Nichols instructed the escrow holder to cancel the sale.
Nichols then filed an action for quiet title. First, the trial court granted summary judgment in favor of Nichols. Then, the trial court sustained the demurrers of Nichols and cross-defendant Tricia Cowan to Holgates second amended cross-complaint and granted Cowans motion to strike. The trial court entered judgment in favor of Nichols and Cowan.
Holgate appeals, contending the real estate purchase contract was ambiguous and the court improperly excluded parole evidence bearing on the meaning of the contract. Holgate urges that material issues of fact prevented granting the summary judgment motion and it was improper to sustain the demurrers to the Holgate cross-complaint and to grant the motion to strike.
Court conduct an independent review and affirm the judgment. (Merrill v. Navegar, Inc. (2001) 26 Cal.4th 465, 476; Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1126.)
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