Ben-Yashar’el v. Kirschbaum CA2/6
Appellant seeks to enforce a non-existent agreement to purchase property at 3970 Victoria Lane in Thousand Oaks (the Property), valued around $30,000,000; his check is for $800. The Hilltop Trust (Trust) originally purchased the Property in July of 2019. J. Peter Wakeman served as trustee at the time of the deal and appeared as such on the grant deed.
Appellant alleges he sent Wakeman a “written offer” to purchase the Property in June of 2020. He then ran a legal notice in the Ventura County Star newspaper stating: “ACT IN PAIS, bonded negotiable instrument(s) shall convey property, APN: 6900340035 as a purchase of Yachim Ben-Yashar’el. Value and consideration shall be evidenced upon legal acceptance of instrument(s). Ad #4222742.” The same day, appellant mailed a cashier’s check for $800 to Wakeman’s office. The check named Renell Jones as remitter and referred only to “Ventura County Star Ad #4222742.”
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