Guerrero v. Cordova Assoc.
Gabriel D. Guerrero appeals from an order granting respondent Cordova Associates, Inc.s motion to vacate a judgment in his favor for quasi-specific performance of a contract for the sale of real estate, and from the subsequent entry of judgment in respondents favor. He argues the order and entry of judgment are void for lack of jurisdiction due to an earlier notice of appeal filed by respondent. He also argues he is entitled to specific performance without having tendered or performed his contractual obligations because respondent anticipatorily breached the contract by attempting to cancel escrow before the escrow period expired. We conclude the trial court had jurisdiction to enter the order and judgment because respondent abandoned the appeal before the court acted. Court also conclude respondents attempt to cancel escrow did not relieve appellant of his obligation to deposit payment for the property; respondent had deposited a valid grant deed and was unable to unilaterally revoke that act before the escrow period ended. For these reasons, Court affirm the order and judgment of the trial court. Respondents protective cross appeal from the original judgment is dismissed as moot.
Comments on Guerrero v. Cordova Assoc.