Goldfarb v. Superior Court
Petitioners Donna Lear Goldfarb and Jill Lear Richman (Goldfarb and Richman) seek a writ of mandate directing the trial court (1) to vacate its order setting for trial the petition filed by Ivan Tarnove (Tarnove) in which he is attempting to enforce an agreement for purchase and sale of real property; and (2) to dismiss the entire proceeding based upon the principle of collateral estoppel. The opinion of this court in Estate of Blanche Lear (August 30, 2006, B181768 [nonpub. opn.]), is a final determination that no binding agreement was entered as to the sale of Goldfarb and Richmans remainder interest in the real property. Nothing relating to the purported agreement to sell real property remains to be decided. Court therefore issued a notice of our intention to grant the above-captioned petition in the first instance. (Lewis v. Superior Court (1999) 19 Cal.4th 1232; Palmav. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171.)
Following our review of the additional briefing and the entire record, we conclude the petition must be granted. As stated in Estate of Blanche Lear: An essential element of any contract is consent. [Citation.] The existence of mutual consent is determined by objective rather than subjective criteria, the test being what the outward manifestations of consent would lead a reasonable person to believe. [Citation.] Accordingly, the primary focus in determining the existence of mutual consent is upon the acts of the parties involved. [Citation.] With these principles in mind, Court find that substantial evidence supports the probate courts determination that the parties did not enter into a binding settlement agreement with respect to the sale of Goldfarb and Richmans remainder interest in the condo to Tarnove. (Estate of Blanche Lear, supra, B181768, at p. 11, italics added.) As a matter of law, Tarnoves attempt to relitigate the purported sale of real property is barred by collateral estoppel. The petition for writ of mandate is granted.
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