Michael Frakes, Tami Frakes v. Herbert J. Milligan
Published: Jun. 28, 2005 | Result Date: May 31, 2005 | Filing Date: Jan. 1, 1900 |Case number: BC314188 Bench Decision – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Defendant
John Rydell
(technical)
Facts
On Oct. 30, 2002, the plaintiffs and the defendant entered into a written lease agreement which contained an option to allow the plaintiffs to purchase a single-family residence from the defendant. After the defendant refused to accept further rental and option payments from them and sought to evict them, they filed a suit for declaratory relief. The defendant cross-complained and had filed two separate unlawful detainer proceedings seeking to evict them from the property.
Settlement Discussions
The defendant wanted to increase the option price by approximately $100,000. The plaintiffs declined.
Other Information
A judgment has been entered declaring that the plaintiffs are entitled to enforce an option provision in a written lease and to purchase a single-family residence located in Lynwood by paying the defendant the monies necessary to pay the balance of $43,000 mortgage, less past due real property taxes, together with an additional $57,000 as payment in full for the property. The defendant, age 76, is permitted to continue to live in his trailer on the property for the remainder of his life, without paying rent, but he is responsible to pay his own telephone bill and his proportionate share of any utilities including, without limitation, water, electricity, gas and refuse disposal. Judgment was entered in favor of the plaintiffs and against the defendant on his cross-complaint which sought to evict the plaintiffs from his property and to declare that they had no right to purchase it.
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