Shirley Weyandt, Trustee of the Clifford W. Wagenet Trust v. Fred Dillett, Ann Dillett, Robert Smallman, Theresa Smallman
Published: Apr. 27, 2004 | Result Date: Sep. 2, 2003 | Filing Date: Jan. 1, 1900 |Case number: FSC017962 Bench Decision – $0
Judge
Court
Solano Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
James G. O'Callahan
(Girardi & Keese)
(technical)
Facts
The Clifford W. Wagenet Trust owned 477 acres located in the wetlands of southern Solano County. The property was used as a duck-hunting club and was subject to an existing oil and gas lease. In 2001, the property sold for $650,000 to the Dilletts and Smallmans, reserving to the trust the mineral rights. The buyers, defendants, claimed that they wanted the property for its gravel. Escrow closed on June 13, 2001. Plaintiff Shirley Weyandt, the trustee of the trust, claimed that a mistake was discovered in the preparation of the grant deed. Plaintiff claimed the trust lost almost all mineral rights, which included the right to drill for oil and gas, and was restricted from going onto the property to explore and produce. The grant deed gave the defendants all minerals from the surface to depth of 500 feet.
Settlement Discussions
Plaintiff made a demand of reformation of the grant deed; defendants made no offer.
Damages
Plaintiff requested reformation of the grant deed. On the cross-complaint, defendants sought rescission of the contract and return of the purchase price of $650,000 plus $100,000 in damages for improvements.
Result
After a bench trial, the judge found in favor of plaintiff and reformed the deed to reflect the true intent of the parties. The judge also awarded attorney fees and costs. Defendants' cross-complaint was dismissed.
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