Katy Perry's Mansion Win Hits Roadblock as 84-Year-Old Vet May Request New Trial, Claims He 'Was Denied Due Process'
Katy Perry’s bare-knuckle battle to snatch a California mansion from the hands of an 84-year-old veteran may NOT be over, RadarOnline.com can exclusively reveal.
Carl Westcott filed court documents indicating his lawyer may file a motion seeking a new trial in the long-simmering legal scrum that ended earlier this month when a Los Superior Court judge ruled the vet must sell the $15 million spread to the pop tart.
Westcott's legal team argued that Judge Joseph M. Lipner neglected to consider the “uncontroverted evidence” that the 1-800-Flowers founder was on painkillers following a 6-hour back surgery when Perry’s business agent, Bernie Gudvi, coaxed him into signing the purchase agreement.
Westcott's attorney also complained that the strict time limit set during the 7-day trial hampered their ability to prove their case since his witnesses and medical experts were unable to properly explain his deteriorating mental health.
"Westcott therefore objects to the PSD (the judge’s proposed statement of decision), and reserves the right to bring motions for new trial or to vacate the judgment, on the grounds he was denied due process as a result of time limits on his case and being hurried by the trial court throughout the trial even though it was clear from the start that Westcott had seven witnesses and Gudvi only had three—and it was Westcott who had the burden of proof,” Westcott’s renowned lawyer, Andrew J. Thomas, argued in court documents.
Thomas also charged the decision to exclude the testimony of longtime pal, Jack Smith, severely impeded the argument that Westcott was suffering from the dementia-like symptoms of Huntington’s disease around the time he signed the agreement in July 2020.
Besides the painkillers, Thomas argued, “The PSD fails to consider and should include that Westcott signed the subject contract in year five of the six-year arc of his disease and just one year before the uncontradicted evidence that Westcott reported to doctors in 2021 that he had difficulty planning and executing things, he could not remember what medicines he took or why he took them, he had hallucinations, dream reenactment behavior, and he heard music that isn’t there.”
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As RadarOnline.com previously reported, Judge Lipner determined Westcott DID NOT lack the mental capacity when he “negotiated and signed the contract” with Gudvi – and therefore, the contract “must be respected.”
It is unknown if Westcott’s court filings will result in a new trial or interfere with plans for the Roar singer to testify at a February hearing regarding the $2.67 million in damages for lost rental income on the 8-bedroom, 11-bathroom mansion in Santa Barbara.