Beth v. Doughty
The parties have been involved in a dispute and related litigation over their residential lease option agreement for more than five years. In 2005, a trial court issued a declaratory judgment in favor of plaintiffs Todd and Lisa Beth. Defendant Everett C. Doughty III appealed, and in January 2007 this court affirmed. Following issuance of that declaratory judgment, plaintiffs sought to tender performance, which defendant rejected on the basis that he had appealed the judgment. Soon thereafter, plaintiffs filed the current action for breach of contract. In 2008, the trial court rendered judgment for defendant, concluding evidence of plaintiffs tender was barred by the automatic statutory stay of Code of Civil Procedure section 916. Court disagree and reverse.
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