Katy Perry and Orlando Bloom have cleared a legal hurdle in their ongoing legal battle with businessman Carl Westcott, who says he was medicated when he decided to sell his Montecito, California, mansion to the pop star.
Westcott, 84, who completed the sale of the home to Perry, 38, in July 2020, has asked the court to overturn the sale, saying he was under the influence of painkillers when he agreed to buy the 11-bedroom apartment with eight bedrooms to sell. -bathroom at home.
Westcott then sued Perry’s business manager Bernie Gudvi the month after the sale went through. When the trial began last September, Judge Joseph Lipner divided the parties in the case because Perry had sued Westcott for damages resulting from the real estate dispute.
On Wednesday, a Los Angeles Superior Court judge issued a tentative ruling that Westcott was of sound mind when he went ahead with the property sale more than three years ago. People reported after reviewing court documents.
“Wescott has not provided convincing evidence that he was unable to enter into a real estate contract,” a court ruling reads, according to the release.
The Latest: Katy Perry, 38, and Orlando Bloom, 46, have cleared a legal hurdle in their ongoing legal battle with businessman Carl Westcott, 84, who says he was medicated when he decided to sell his Montecito mansion to the pop star . Pictured in LA in 2021
Westcott, 84, who completed the sale of the home to Perry, 38, in July 2020, has asked the court to overturn the sale, saying he was under the influence of painkillers when he agreed to buy the 11-bedroom apartment with eight bedrooms to sell. -bathroom house (photo)
Perry’s lawyer Eric Rowen told the newspaper in a statement that “the judge found that Mr. Westcott could prove nothing other than that he was of perfect sound mind as he engaged in complex negotiations with multiple parties over several weeks to secure a lucrative sale of the to obtain shares. properties that earned him a significant profit.’
Rowen said the evidence presented to the court showed that Westcott had “breached the contract for no other reason than that he had changed his mind.”
Rowen said he hoped to conclude the case “during the scheduled phase of the damages trial, which is scheduled for February 13 and 14, if not earlier.”
Westcott’s son Chart Westcott told the newspaper in a statement that “while we disagree with Judge Lipner’s ruling and wish he had spelled our father’s name correctly in his ruling, we accept it.”
“Katy Perry will now have to testify in person about the damages and the conflicting claims she has made about lost income from the rental of my father’s house. While this has been a long road, the fight for my father is not over and we will continue to represent him and his legacy of incredible achievements.”
In court documents reviewed by the magazine, the judge noted that Westcott’s “primary evidence regarding lack of capacity was the analysis and testimony of his expert,” psychiatrist Dr. Gary Small.
The judge said the court did not find the testimony of Small – who had never met Westcott and was his only witness on the subject – “credible or convincing.”
The judge said in his ruling that “significant evidence demonstrated that (Westcott) had the capacity to enter into the contract,” including “the testimony of observant witnesses who interacted with Westcott during the days he negotiated and signed the contract.”
Bloom and Perry in London were photographed at a Wimbledon event in London in July
Wednesday’s ruling marked a step in the right direction for the pop star in her legal battle, her legal team said
According to the judge, evidence showed that Westcott’s “written communications during those same days showed him to be coherent, committed, clear and rational,” while reports from his doctors showed that he was unable to take any action before the sale. contract or for more than a year thereafter.’
The testimony of Dr. Small offered the court “no logical, much less convincing, reason” that Westcott was “mentally unfit to enter into a contract,” the judge said in the court documents, according to the newspaper.
The judge said Westcott “understood at the time that he had sold the house and needed to find a new place to live” as he was involved in other property transactions during the period that were not scrutinized further.
According to court documents, in the days after signing the agreement, Westcott, who founded the company 1-800-Flowers, told a broker for Perry’s business manager that he had “decided not to sell.”
Westcott’s legal team said in its opening statement that the businessman had been diagnosed with Huntington’s disease, a brain disease, in 2015.
Five days before selling to Perry, Westcott had undergone spinal surgery and was in “post-operative delirium” after taking pain medication when he was given the contract to sign, Westcott’s legal team said.
Westcott’s lawyer said the businessman had suffered “delusions” and “intrusive thoughts” during the period but concealed his symptoms to maintain his reputation in the trade.
Lawyers for Gudvi said in their opening statement that Westcott’s claims that he was not of sound mind at the time were “fabricated” and “fake,” citing statements from his doctor that he trusted Westcott to give his consent before undergoing surgery.
The Roar singer has been embroiled in a lengthy legal battle with the businessman, who founded the company 1-800-Flowers
Cristal Clarke, a former estate agent at Westcott, told the court the businessman had been ‘very clear and concise’ when he bought the house in May 2020, and there were no concerns about his state of mind at the time.
The real estate agent said that six weeks later, Maria Shriver came “out of the blue” with an offer on the house for $13 million.
After responding with a higher offer of $13.5 million and then withdrawing it, Clarke said she and Westcott came to an agreement that he could sell the house to someone else for more money.
In July, Perry became involved, making a $13.5 million offer to Westcott, later accepting his $15 million counter and agreeing to pay the amount in cash, Clarke told the court.
Clarke told the court that Westcott had given her permission to “please proceed” with the sale to Perry, with a backup plan to sell to Shriver for $13.5 million.
Lawyers for Gudvi said Westcott had sent an email to Perry’s manager saying he wanted to cancel the deal with Perry. Westcott told Gudvi’s agent on July 23, 2020 that he had “decided not to sell the house.”
Westcott’s lawyers said those around Westcott at the time had a vested interest in him selling the house to earn commissions.
Perry and Bloom had written a letter to Westcott saying they were excited about the prospects of “making their lives and future memories” in the house, as they were expecting their daughter Daisy, now three, at the time.
“As you know, we are expecting a baby next month and know this is the best place to bring her home and raise her,” Perry and Bloom wrote in a letter. ‘This house will be a breath of fresh air, a house where we can grow together as a family.’