By Mark Gray
4:53pm PST, Nov 10, 2023
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A judge has sided with Katy Perry in her three-year battle over a $15 million home she purchased from the elderly founder of 1-800-Flowers.
The sale hit a speed bump when Carl Westcot claimed he lacked the mental capacity to know what he was doing, claiming he was in a "fog of painkillers" when he signed the paperwork.
However, the judge determined that "Wescott presented no persuasive evidence that he lacked capacity to enter into a real estate contract," People magazine reported.
Katy is set to testify later as part of a countersuit.
Keep reading for more on the case…
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Carl Westcott, the founder of 1-800-Flowers, reportedly signed a contract to sell his "dream home" to Katy Perry in 2020. His son, Chart Westcott, later claimed that his dad quickly tried to void the deal after realizing what he'd done.
In an essay, Chart argued that his father, who's in his early 80s, sold the home while "not of sound mind" and made an "irreversible mistake during moments of medical vulnerability." He is now pushing for a law to be passed to protect the elderly from entering into bad real estate contracts.
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Katy Perry and Carl Westcott were locked in a three-year battle over a Santa Barbara, California, home. In August 2020, Carl sold the home — which he'd only lived in for two months — to the pop star after he underwent a six-hour back surgery, Carl's son, Chart, claimed.
"Approximately two days later, after the fog of the opioid painkillers lifted, he realized what had happened and acted to cancel a contract that had been signed while he was not of sound mind," Chart wrote in an essay published by The Federalist on Oct. 2.
"My father wrote an email to Katy Perry's agents explaining the circumstances under which he had signed the contract. Brushing aside my father's plea, his acknowledgment of his vulnerability, and his stated inability to properly consent at the time of signing, Perry did not care. Instead, she demanded the sale of the property and threatened to sue if my father did not comply," he continued.
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In late September 2023, it was reported that the real estate dispute would go to trial, but the clash had already impacted Carl Westcott.
"As the legal battle dragged on for three long years, my father's health deteriorated, leaving him bedridden. During a time when we should be cherishing our remaining moments with him, we find ourselves entangled in a fight against [Katy] Perry's swarm of lawyers to preserve our family's legacy," Chart Westcott wrote in an essay published by The Federalist on Oct. 2.
"When his time comes, I want my father to be remembered for the years he spent serving his country, his numerous successful businesses, his robust family life, and his kind, caring heart. I don't want him to be remembered as Katy Perry's latest victim," he added.
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Chart Westcott argues that laws should be put in place to protect the elderly in real estate deals.
"We must ensure their voices are heard," he said of senior citizens. "My father has no voice and cannot speak clearly anymore because his mind has left him. What remains is a frail body and the beautiful, weathered soul of a man who lived a full life. My family will speak for him and for all others who find an elder family member in a similar situation."
"Ultimately, we all share this common destiny: to grow old and infirm, and eventually depart from this world. I call upon California and all other state legislatures around the country to pass the Protecting Elder Realty for Retirement Years (PERRY) Act to give any party in a contract for sale of a personal residence, in which one party is over the age of 75, at least a 72-hour cool-down period in which either party has the right to rescind the contract," Chart continued. "This would protect senior citizens from making an irreversible mistake during moments of medical vulnerability and would give their loved ones time to make sure they are making the right choice."
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Following the judge's ruling, Katy Perry's attorney told People magazine, "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."
Chart Westcott also told the magazine, "While we do not agree 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, 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 achievements."
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Katy Perry never intended to live in the home in question: She intended to take on tenants. She's seeking more than $5 million in damages for allegedly missing out on rental income.
It isn't the "Firework" singer's first real estate kerfuffle. Back in 2015, she and the Catholic Church made headlines when she purchased the Order of the Most Holy and Immaculate Heart of the Blessed Virgin Mary's convent in the hills of Los Angeles from the L.A. archdiocese for $14.5 million, prompting the nuns who owned the convent since the early '70s to protest.
