Nicolette Baker, as the administrator of Ray Baker's estate, has filed a lawsuit against Cheryl Dileonardo in the Court of Appeal of the State of California, Second Appellate District. The case ID is 2d Civ. No. B3823574 and it was filed on April 22, 2024. The lawsuit revolves around a settlement agreement related to the sale of Ray's residence.
The plaintiff alleges that the agreement is unenforceable due to a breach by Dileonardo in relation to a "time is of the essence" clause. However, the court concludes that Baker waived this clause and dismisses her other arguments.
Ray Baker owned a property in Grover Beach, San Luis Obispo County which was mortgaged for $480,980 as of August 7, 2021. In August 2018, he transferred a 50% interest in his home to Dileonardo who lived there with him and her child. After Ray's death in August 2019, Nicolette Baker was appointed as the administrator of his estate.
Baker is seeking enforcement of the settlement agreement signed on March 30, 2021 which required Dileonardo to pay $60,000 to the estate and waive any creditor’s claim she may have against it. In return, Baker agreed to dismiss her partition action and convey the Estate’s half-interest in the Property to Dileonardo.