Gaggero v. Yura
California Court of Appeal
108 Cal. App. 4th 884, 134 Cal. Rptr. 2d 313 (2003)
- Written by Mary Phelan D'Isa, JD
Facts
Stephen M. Gaggero (plaintiff) sued Anna Marie Yura (defendant) for breach of an implied covenant of good faith and fair dealing by refusing to close the sale of certain real property. Gaggero sought specific performance. The trial court granted Yura’s motion for summary judgment, finding that as a matter of law, Gaggero did not fulfill the requirement of being ready, willing, and able to purchase the property. Gaggero sought reversal of the summary judgment, arguing that Yura did not meet her burden on the motion regarding his financial ability to complete the purchase and that he raised triable issues of material fact. The trial court denied Gaggero’s motion for reconsideration, and Gaggero appealed. Yura argued that she met her burden on the summary-judgment motion by showing that Gaggero did not and could not establish that he was ready, willing, and able to perform because she submitted a statement that Gaggero had failed to produce evidence of his ability and Gaggero’s deposition testimony during which Gaggero, citing privacy protections, refused to answer any questions about how he intended to pay for the property.
Rule of Law
Issue
Holding and Reasoning (Mosk, J.)
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