Katy Perry has won the first round in an ongoing court case over her $15 million Montecito home.
A judge made a tentative ruling Wednesday November 8, deciding that Carl Westcott was of sound mind when he agreed to sell the property to Katy and her partner Orlando Bloom in 2020; Carl has insisted that he was mentally incapacitated and has been attempting to rescind the deal.
© Getty Images"Wescott presented no persuasive evidence that he lacked capacity to enter into a real estate contract," the court's decision, which will become permanent in 10 days, reads.
Katy's attorney, Eric Rowen, said in a statement: "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 statement, given to People, continues: "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."
© GettyIn response, Carl's son Chart Westcott, whose sister-in-law is Real Housewives star Kameron Westcott, criticized the Judge for being unable to spell "our father’s name correctly in his ruling" but accepted the decision.
"Katy Perry will now have to testify, in person, on damages and the contradictory claims she has made over lost income for the rental of my father’s home. 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 achievement," he continued.
© Daniele VenturelliThe 'Teenage Dream' singer, along with her partner Orlando Bloom and business manager Bernie Gudvi, have been embroiled in the legal battle for several years. Carl purchased the home for $11.25 million two months before he sold it to Katy for $15 million.
But Carl, 84, who was diagnosed with Huntington's Disease – a rare, degenerative brain disease – in 2015, claimed that days after the deal was finalized he had changed his mind about the sale. His lawyer alleged that Carl was showing signs of both "delusion" and "intrusive thoughts" during the deal, plus "post-operative delirium" as a result of spinal surgery five days before the sale.
Katy and Orlando had hoped to raise their three-year-old daughter Daisy Dove in the home, and a letter they sent to Carl during the process of buying revealed that they were excited at the prospect of “making their life and future memories” in the property.
“As you know we are expecting a baby next month and know that this will be the best place to bring her home to and raise her in,” the couple wrote. “Though there were other properties that did interest us, yours will provide us with the comfort of security, privacy and safety… This home will be a respite, one where we will be able to grow together as a family.”
The case continues, however, as Katy has countersued, seeking over $5 million in damages from Westcott, claiming that she incurred these costs as a result of income she and Orlando may have missed out on should they have rented out the property, plus additional costs of finding another home to live in.
