Al J. Vela & Associates, Inc. v. Glendora Unified School District

Opinion

LILLIE, Acting P. J.

Hughes Development Corporation (Hughes) appeals from a judgment ordering it to convey to Al J. Vela & Associates, Inc. (Vela) a piece of real property known as the Bender School Site.

[768]

Vela commenced an action to enjoin Glendora Unified School District from selling the property to Hughes. The action arose out of the following circumstances: Vela submitted the high bid for the property; that bid was matched by Hughes acting as a representative of the estate of the deceased former owner from whom the district had acquired the property; pursuant to Education Code former section 39369.5

1

the district accepted Hughes’ bid; the representative of the estate of the former owner then conveyed to Hughes all of the right, title and interest that the estate held in the property. Judgment was entered denying the requested injunctive relief and dismissing the action. A month later the district sold the property to Hughes. On Vela’s appeal from the judgment, this court held that under Education Code section 39369.5 the right of the former owner to purchase the property is personal to him and terminates upon his death; accordingly, that right does not become an asset of his estate to be administered by the executor and eventually exercised by a stranger to the original transaction. The judgment was reversed with directions to enter a new and different judgment consistent with the views expressed in the opinion.

(Al J. Vela & Associates, Inc.

v.

Glendora Unified School Dist.

(1980) 108 Cal.App.3d 444 [166 Cal.Rptr. 732].)

Following remittitur, a new judgment was entered ordering Hughes (or the clerk of the court on behalf of Hughes) to execute a grant deed conveying the property to Vela on condition that Vela pay to Hughes (or deposit with the clerk for Hughes’ benefit) the sum of $54,360.

2

It is from this judgment Hughes appeals contending that the trial court was limited to ordering the district to conduct a new sale and was without power to order conveyance of the property to Vela because Vela’s bid was not accepted. We do not reach the merits of this contention inasmuch as we conclude, for reasons which follow, that the appeal must be dismissed.