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On August 19, 2008, the court issued a ruling in defendants' favor. Plaintiffs, however, did not pursue this cause of action at trial. Patoja that he owned property on Russel [sic ] Street [sic ] in Monterey Park. Patoja then did a title search and learned that title to the Russell Street [sic ] property had multiple owners, Al and his two sisters, Ms. Patoja called the Luna/Brownell household to set up the meeting.“On August 8, 2006, Mr.
In its ruling, the court summarized the testimony of the witnesses at the trial, including the testimony of notary public Perez. At a status conference 10 days before the trial, plaintiffs' counsel stated that his clients would not be proceeding on their second cause of action.
After a bench trial, the superior court entered a judgment in defendants' favor. In the published portion of this opinion, we reject plaintiffs' argument that the quitclaim deed was void because the Trust was not formed as of the date the deed was signed. Fallon (1971) 3 Cal.3d 875, 890.) Further, the trier of fact is free to draw reasonable inferences from the testimony of a witness, which the appellate court cannot second guess on appeal. However, the trial court noted that Gloria testified that one of the men in her home on August 8, 2006, “indicated that Al wanted to sign a trust.” The trial court concluded that “after understanding that Al wanted his property in his own name for purposes of creating a trust, the plaintiffs did not dispute his ownership, were advised they could seek counsel, did not appear confused, and voluntarily executed the deeds.” There was substantial evidence supporting the trial court's findings. Code, § 1054 .) “Delivery is a question of intent.” (Osborn v. App.2d 218, 221 (Perry ).) “Where there is substantial evidence, or where an inference or presumption may be drawn from the evidence to sustain the court's finding of delivery or nondelivery, the finding will not be disturbed on appeal.” (Ibid.)“In addition, acceptance by the grantee is necessary to make a delivery effective and the deed operative.
Plaintiffs challenged the validity of the grant deeds and quitclaim deed on numerous grounds. 643.)Here, the trial court acknowledged Patoja did not tell plaintiffs anything about a trust.
The beneficiaries of the Trust were Erik Brownell, Sr., Erik Brownell, Jr. On September 8, 2006, the grant deeds transferring plaintiffs' interest in the Property to Al as trustee of the Trust were recorded. Brownell that they were releasing any interest they might have in the Property. Perez believed that the women were not asserting any interest in the Property. As the driver was assisting Al into the wheelchair, the notary arrived.“Mr.
The quitclaim deed transferring Al's interest in the Property, as an individual to Al, as trustee of the Trust, was also recorded. They also voiced no objection to signing the deeds.”The court found Perez to be “credible.” By contrast, the court “found the testimony of both plaintiffs unreliable and often not credible.”With respect to plaintiffs' argument that the deeds were void because the Trust was not formed on the date the deeds were executed, the court stated the following: “[I]n a situation where a property transfer has been made to one who has no legal existence, there is authority in some jurisdictions that provides as a matter of equity, such a deed is valid between the grantor and the grantee only but not as to third parties. Brownell, he knocked on the door and explained who he was.
The grant deeds were executed during a meeting at the home of Gloria and Ann. However, defendants contend that the grant deeds were nevertheless valid because it was the intent of plaintiffs to return title to the property to Al, as an individual or as trustee of the Trust. (The fact that those deeds may not have been recorded is of no consequence to effectively transfer title. [Citations.] Title passes when the corporation is legally incorporated”]; Community Credit Union v. Applying this rule to the facts of this case, there was substantial evidence for the trial court to infer that on August 13, 2006, when Al executed the quitclaim deed, he anticipated the Trust would be formed. However, before trial Marcus requested a dismissal of his claims without prejudice.
At that meeting, Gloria, Ann, Al, Valdez's paralegal David J. As the trial court recognized in its minute order, “even assuming that the deeds transferring the property to [Al, as trustee of the Trust] were void because the [Trust] did not yet exist, the deeds transferring the property to [Al] as an individual [were] effective in transferring the property interests of Ms. [Citations].)” The question before this court therefore is whether the quitclaim deed executed by Al on August 13, 2006, transferring the Property from Al as an individual to Al as trustee of the Trust was void because the Trust did not exist on the date the deed was executed. (Wash.1969) 450 P.2d 166 (John Davis ), the appellants challenged the validity of a quitclaim deed transferring real property to a corporation. 170.)The Supreme Court of Washington rejected the appellants' argument. 301.)After reviewing relevant case law, the Supreme Court of Appeals of West Virginia rejected the grantor's argument. The quitclaim deed itself referred to the “the Luna Trust” and to Al, as its trustee. We shall conclude that under the circumstances of this case, the deed is not void and is deemed delivered as of the date the trust was formed. INTRODUCTIONThis case presents the following issue: If real property is transferred by a quitclaim deed to the trustee of a trust that has not been formed, is the deed void?Oversized or heavy items may have an additional shipping cost.This charge may not be calculated until the order is being prepared.The court noted that Perez testified as follows: “Mr. In his closing argument at trial, plaintiffs' counsel did not make any arguments relating to the second cause of action.Tags: Adult Dating, affair dating, sex dating