Pacific Coast Club, Inc. v. Brown

Opinion

HASTINGS, J. Defendant and appellant Mark James Brown (Brown) appeals from an order of the trial court in favor of plaintiff and respon[173]dent Pacific Coast Club, Inc. (PCC) permitting PCC to redeem improved property known as the Pacific Coast Club, (the property) upon payment to Brown of all charges required under Code of Civil Procedure section 702.

The underlying facts of this case are somewhat complicated. We have, therefore, summarized only the facts pertinent to this appeal.

On November 18, 1975, Sally Olshane (Olshane) became the record holder of the property pursuant to a grant deed dated October 23, 1975, signed by Moe Olshane, grantor.

Olshane contracted with one P. E. Lawrence for services to be performed on the property, and they were in due course completed.

On June 1, 1976, the property was transferred by Olshane to John W. Samuel. The deed was recorded on the same date. (The parties agree Samuel acted as a “straw man.”)

On February 4, 1977, Olshane and Joseph J. Janota (Janota) entered into an agreement to form PCC which in turn was to own the property.

On February 11, 1977, Samuel transferred the property to PCC by a deed dated and recorded on the same date.

On April 1, 1977, Olshane filed a lawsuit in the Los Angeles Superi- or Court, number C195081, against Janota (hereinafter referred to as Olshane v. Janota).

Lawrence (remember him?) returns to the scene. For Lawrence’s services rendered on the property, Olshane on May 13, 1977, signed a stipulated judgment that gave him a lien against the property. The judgment was entered and the lien became a reality.

On September 6, 1977, Olshane and Janota settled their differences in Olshane v. Janota by an amendment to their February 4, 1977, agreement. Pursuant to the amendment Olshane transferred her interest in PCC to Janota for the sum of $200,000 plus certain other conditions. The following day (Sept. 7, 1977) a request for dismissal of Olshane v. Janota was filed without prejudice.

[174]