Carl Westcott, the founder of 1-800-Flowers, filed a lawsuit against Gudvi (who represented Perry in the July 2020 sale of the mansion) after attempting to rescind the deal he made to sell his eight-bedroom mansion to Perry for $15 million. Westcott claimed he “lacked capacity” to sign the transaction due to a recent surgery and brain disorder.
The 84-year-old Army veteran sought a recission of contract, a cancelation of contract and declaratory relief in the suit. Judge Joseph Lipner ruled that Westcott “presented no persuasive evidence that he lacked capacity to enter into a real estate contract.”
The Westcotts do not plan to appeal the judge’s decision.
The trial was bifurcated – split into two parts – by the judge, with the damages phase set to take place in February. Perry will take the stand during next time, in which she will testify about the claim that she lost out on years of rental income due to the litigation.
Carl’s son Chart said in a statement to Fox News Digital, “Where the judge’s ruling may follow the letter of the law, it shows that the law has no spirit.”
He added, “Katy Perry will now have to testify, in person, to receive her ‘damages.’ We look forward to her testimony, and to her being confronted with possible sanctions for perjury. Perry has put herself in a box by claiming that she lost years of rental income and is owed damages, which is counter to her sworn statements about wanting to live in the house. We hope Ms. Perry enjoys her Pyrrhic victory, as she explains to her fans about twice taking homes from the elderly. Lastly, we wish the judge had spelled our father’s name correctly.”
Perry’s attorney said in a statement provided to Fox News Digital, “Today’s proposed decision is clear – the judge found that Mr. Westcott could not prove anything other than he was of perfectly sound mind when he engaged in complex negotiations over several weeks with multiple parties to transact a lucrative sale of the property that netted him a substantial profit.”
“The evidence shows that Mr. Westcott breached the contract for no other reason than he had changed his mind. We look forward to wrapping this matter up at the scheduled damage trial phase set for February 13 and 14, if not before.”
Judge Lipner explained that the court did not find Wescott’s psychiatrist expert credible, in his ruling obtained by Fox News Digital.
“Wescott’s primary trial evidence on lack of capacity was the analysis and testimony of his retained expert, which the Court did not find credible or persuasive,” Lipner wrote in the court docs.
“On the other hand, significant evidence showed that Wescott had capacity to enter into the contract. This evidence includes the testimony of percipient witnesses who interacted with Westcott during the days he negotiated and signed the contract; Westcott’s written communications during those same days, showing him to be coherent, engaged, lucid, and rational; and the medical reports of Westcott’s doctors, none of whom found he lacked capacity to engage in any action before the sales contract or for over a year afterwards.”