Trustees allege property buyers breached contract

By Noddy A. Fernandez | Feb 6, 2018

FRESNO — Trustees are suing property buyers, alleging breach of contract.

Ray Schmidt and Jo Belle Schmidt, individually and as trustees of the Ray Schmidt and Jo Belle Schmidt Revocable Trust dated Feb. 29, 2000, filed a complaint on Dec. 14 in the Fresno County Superior Court against 5895 Enterprises LP, Great Bigland, LP Great Bigland Inc., Leo Wilson Stan Harbour, et al. alleging that they  breached a settlement agreement by failing to perform in accordance with the terms and condition of written contracts.

According to the complaint, the plaintiffs allege that on Aug. 18, 2016 they entered into a written settlement and release agreement with the defendants after a dispute arose from the purchase agreement for the sale of their real property. The plaintiffs claim the agreement was fair and reasonable, but the defendants allegedly failed to perform all conditions, covenants and promises required by the settlement. 

The plaintiffs allege the defendants failed and refused to do all work on the exterior of the residences necessary to connect the residences on the retained lots to PG&E services, failed to repair the damaged irrigation supply line and failed to hire their own electrician to disconnect the present hot electrical line running from Parcel C to Parcel D.

The plaintiffs request a trial by jury; and seek judgment for costs of suit, punitive and exemplary damages, attorneys' fees, and for any further relief as the court may deem just and proper. They are represented by Steven R. Stoker of Pascuzzi, Pascuzzi & Stoker in Fresno.

Fresno County Superior Court case number 17CECG04296

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Fresno County Superior Court Pascuzzi, Pascuzzi & Stoker

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