Facts

Roger Ocon sued Alberto Ocon, in connection with a property located in San Francisco.

PLAINTIFF'S CONTENTIONS:
Plaintiff purchased the subject property in 1955 and was allegedly the sole owner of the property after having purchased his ex-wife's interest in the property. In 2010, he suffered from several health setbacks and wanted to provide for his six children. Fearing his impending death, he quitclaimed the subject property to defendant, one of his six children, with instructions to convey the interest to defendant's siblings. Notwithstanding that transaction, plaintiff continued to maintain and manage the property while defendant has done nothing with respect to any duties and responsibilities related to ownership. As such, when plaintiff's health improved, he sought the return of his property, but defendant refused to re-convey it, prompting this lawsuit. Plaintiff then sued, alleging causes of action for quiet title, rescission of the quitclaim deed, and a declaratory judgment.

DEFENDANT'S CONTENTIONS:
Defendant moved for summary judgment, arguing plaintiff has no cognizable claim for relief. Though plaintiff claimed no consideration was given for the quitclaim, no such consideration was needed to effectuate it.

Result

The court entered summary judgment in favor of defendant and dismissed the action against him with prejudice.

Other Information

FILING DATE: Sept. 1, 2015.