Tasaki v. Moriarty

Plaintiffs agreed to buy property from defendant and deposited $25,000 in escrow as earnest money. Defendant delayed, and, as a result, the sale did not close. Plaintiffs filed an action against defendant for breach of the purchase contract, seeking specific performance, or, “[i]n the event [that] specific performance is not available,” return of their earnest money. The trial court declined to order specific performance, but ordered that defendant return the earnest money.1 The court also awarded plaintiffs prejudgment interest and $27,174.50 in attorney fees and costs. Defendant appeals the…