Baird v. Hodson

McCABE, J. pro tem.

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Plaintiffs brought an action for specific performance of a contract for the purchase and sale of certain real property owned by defendant. Judgment was entered in favor of plaintiffs. From this judgment and from an order denying the motion for new trial, the defendant appeals.

The real property, subject of the action, had been purchased by defendant approximately two years before he entered into the agreement with plaintiffs, at a price of $16,000. During the period of two years no improvements were made on the property. The agreement between plaintiffs and defendant provided for a total purchase price of $24,000. A pretrial conference was held and on February 9, 1957, a pretrial order was signed. This order was filed February 15, 1957.

The only contention raised by defendant on this appeal is that the finding that the consideration was fair and reasonable is not supported by the evidence. Plaintiffs (respondents) contend (1) the finding is supported by the evidence, and (2) defendant has waived his right to raise the issue because it was not raised at the pretrial conference or at the trial on the issues, or at the hearing of the motion for new trial. Plaintiffs’ argument is that they pleaded the reasonableness and adequacy of the consideration, which was denied in defendant’s answer, but at no time subsequent to the filing of the answer did defendant raise this issue until this appeal was taken from the judgment.

The amendments to Rules for the Superior Courts pertaining to pretrial conferences are set forth in 47 Cal.2d 3 et seq. These amendments to the rules became effective January 1, 1957.

Rule 8 provides that a pretrial conference shall be held in every civil ease with certain exceptions noted which are inapplicable to this case.

Rule 8.2 provides: “Each party appearing in any case shall attend the pre-trial conference by counsel, or if none, in person, and shall have a thorough knowledge of the case, be

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prepared to discuss it, and . . . They shall confer before the date assigned for this conference to reach agreement upon as many matters as possible. They shall prepare jointly, or each shall prepare, and submit to the pre-trial conference judge at or before the conference, a written statement of the matters agreed upon. Each shall be prepared to state orally the factual and legal contentions to be made as to the issues remaining in dispute. ...”