Smith v. Anacapa Partners LP CA2/3
Plaintiff Kamilah Smith appeals from the summary judgment entered in favor of defendants and respondents Anacapa Partners LP (Anacapa) and Strategic Acquisitions. Plaintiff entered into a real estate purchase agreement with Anacapa. After Anacapa canceled the purchase agreement and sold the property to Strategic Acquisitions, plaintiff filed the instant breach of contract suit seeking specific performance of the agreement.
Resolution of the issues on appeal depends upon whether Anacapa’s “Notice to Buyer to Perform” triggered plaintiff’s obligation to perform within a certain time, and whether Anacapa’s subsequent cancellation of the purchase agreement was effective. We conclude the notice to perform was valid and effective. Further, because plaintiff failed to perform within the time required by the notice to perform, Anacapa had the contractual right to cancel the agreement and it did so effectively. We therefore affirm the judgment in Anacapa’s favor.
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