Tentative Ruling on Sterling B Motion for Summary Judgment

McCray v. Sterling B, Case No. 2019-30262

January 8, 2021, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

This is a contract action arising out of the 2014 purchase and sale of a residential property on Ocean Front Walk in San Diego. Plaintiff alleges that, in addition to the cash consideration she and her late husband agreed to accept ($1.8 million), defendant agreed that "Alfred and Jane McCray (Sellers), have the exclusive right to live in 2917 Ocean Front Walk rent free for the following dates: 10/15/14 -4/15/15

10/15/15 -4/15/16

10/15/16 -4/15/17

This is part of the purchase agreement and both buyer and seller agree to the terms." Plaintiff further alleges that defendant breached the agreement by ousting her from substantial portions of the agreed-upon free lease-back periods by undertaking construction activities when she was supposed to be in possession.

The complaint was filed in June 2019. Defendant an