Robert Cantu, Diane Cantu v. Helen DePaoli
Published: Jul. 27, 2004 | Result Date: Jun. 9, 2004 | Filing Date: Jan. 1, 1900 |Case number: 1100034180 Arbitration – $0
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Harry K. Clifford
(technical)
Defendant
Joyce Diaz
(technical)
Facts
In March 1997, Helen and Duke DePaoli sold a home on 11 acres in the Livermore wine country to Robert and Diane Cantu. The DePaolis also owned a partial interest, as tenants in common, in an adjacent 72 acre parcel. The purchase agreement contained a clause that stated "Buyers to have first option to purchase Duke DePaoli's portion of the 72 acres within seven days of notification." The 72 acres were also on the market at the time the Cantus purchased the 11 acres owned by DePaoli. Escrow closed in April 1997. The DePaolis remained in a guest house on the property until December 1997. In late 1997, Duke DePaoli became ill and died in 1999. In February 1998, Duke and Helen DePaoli sold their partial interest in the 72 acres to their co-tenants for $427,000. In 2001, the Cantus sued Helen DePaoli and the DePaoli Trust for damages based upon breach of the first right of refusal.
Damages
The Cantus claimed that they were entitled to damages of $303,550, plus attorney fees.
Result
The arbitrator, retired Judge Richard Patsey, found that the contract was breached; that DePaoli was estopped to assert the statute of limitations defense but that the Cantus did not prove damages. The arbitrator found for DePaoli. Post hearing proceedings resulted in the arbitrator reopening the hearing to allow the Cantus to present additional evidence to support their claims. The reopened hearing took place in October 2003. On Feb. 16, 2004, the arbitrator again found for DePaoli and awarded attorney fees of $129,000. The Cantus filed an appeal.
Other Information
The Cantus did not pay the arbitration award. DePaoli filed a petition to confirm the award in Contra Costa County. After DePaoli filed her petition to confirm, the Cantus filed a petition to vacate the award in Alameda County. The grounds for the petition to vacate were arbitrator misconduct and bias. The court found the claims to be unfounded, confirmed the award and denied the petition to vacate the award. DePaoli's motion for post arbitration fees is pending. The attorneys fees award included an award of sanctions against the Cantus' counsel for discovery violations. These sanctions amounted to $8,239. This award was also confirmed by the court.
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