Years ago, I tried a case against Richard Carpenter and his Trust (of The Carpenters fame). My client was not the only one involved. In fact, he didn’t even belong in that case. It was about real estate. Real estate disputes can be ugly. It was a dispute over a driveway, and how to use a shared drive. Carpenter and the other defendant both had Ivy League attorneys. My guy got caught up in the litigation web. He had nothing to do with the dispute over the driveway but was still sued.
We reached an agreement. I watched as two titans of fame and money fought it out at trial, and then on appeal. I thought that their disagreement could have been resolved if both parties were reasonable. They weren’t. It took five years to resolve the case. I would guess that the total attorney fees were over a hundred thousand dollars. Who got what they wanted? Lawyers certainly got what they wanted.
Orlando Bloom and Katy Perry, in July 2020 at the height of pandemic fear, were searching for a Santa Barbara home. Santa Barbara County has a beautiful landscape and many celebrities who are overpaid and indulgent, namely Al Gore and Oprah.
Through their “people,” Bloom and Perry found the home they desired. Their business manager offered more than Carl Westcott had paid for the house less than two months prior. The house wasn’t on the market. Westcott was unable to refuse the offer made by their business manager through a real estate broker.
Westcott, now 83 years old, was diagnosed with Huntington’s disease in his fifth year. Huntington’s disease can cause dementia. Westcott was limited in his mobility because of the degenerative condition. On July 11, 2020, when the offer from the buyer was presented to Westcott, Westcott was also on a high dose of painkillers after long back surgery. There were several red flags, but the agent, who was paid a four percent ($600,000) commission, was happy to have the 80-year-old sign the listing agreement and real estate contract.
Westcott was off the painkillers within a few days. He was shocked and did not want to sell his home, where he planned to die. He informed the agent, Bernie Gudvi, and the business manager that he did not want to sell.
Bloom and Perry’s representative responded quickly. They wanted the property, and they would enforce the contract. Escape. Westcott informed them that he could not understand what he signed, and explained why. Nope. Gudvi, the celebrity couple, and his house.
Westcott has sued Gudvi. The music mogul and business manager is suing Westcott. The lawsuit seeks to revoke the contract and declare relief. The Complaint, filed in Los Angeles County 3 years ago, is scheduled for trial later this month. If the Complaint is true, then this contract should not have been entered into. Westcott, who was suffering the ravages of Huntington’s disease and taking multiple painkillers as stated in the Complaint, lacked the mental capacity to sign a contract for the sale of a piece of gum or his home. This would seem to be “incapacity”, according to California Probate Code section 811.
I believe that the real estate agent, who was representing both parties in the sale, either knew or at least should have known, that Westcott did not possess the legal capacity to sign the contract. The agent was and still is, a fiduciary. I believe that he or she was under an obligation to advise Westcott to consult a lawyer. There was also a $600k commission on the line.
The case will be heard in the Stanley Mosk Courthouse located in downtown Los Angeles. It is an issue of equity and should be brought before a judge.
Westcott, an elderly man with Huntington’s disease who was prescribed painkillers at the time he signed the contract, was a victim of this illness. Based on the Complaint I’ve read, Westcott should win.
It’s not a mystery why Gudvi Bloom and Perry did not just leave. I’ve seen this before. Celebrities do it because they are able to. They will do anything to get what they want. Celebrity comes with privileges, I suppose. Even if the old man is dying of a deadly disease.
