Maria Navar v. Martha Navar Franco, Estellas Franco Paris, Martha Patricia Franco
Published: Feb. 23, 2005 | Result Date: Nov. 23, 2004 | Filing Date: Jan. 1, 1900 |Case number: A122160 Arbitration – $0
Facts
The subject case was rooted in a family dispute between the plaintiff mother, Maria Navar, and the defendant daughter, Martha Navar Franco. Maria Navar and her late husband had purchased a home in 1965 and in November 1994 executed a will. One of the provisions of the will was that upon their deaths, the house was to be sold and the proceeds split between their nine children. During her widowhood, and in fragile health, Maria Navar lived alone in the house. One day, she broke her leg and was taken to the hospital. On discharge, as alleged on the complaint, none of the other eight children were able or willing to care for Maria. She then moved in with Martha Navar Franco and son-in-law but with the expectation of moving back into her own home once her broken leg had mended. Maria Navar testified she was advised to put someone else's name on the title in an attempt to evade any action by the government to take the property. Maria Navar signed a quitclaim deed in 1996, effectively transferring the entire property to Martha Navar Franco alone. Maria Navar allegedly did not know what she was signing at the time she signed the deed. In late 2003, Maria Navar was told by her other daughters that Martha Navar Franco had removed Maria's name from the title and had added the names of Martha's two daughters, Estella Franco Paris and Martha Patricia Franco. Maria Navar testified she was shocked to hear this. A family meeting was called to confront Martha with what she had done. Martha Navar Franco pleaded a mistake and that it was her intention to put her daughters' names on her own house, not on her mother's. Later, Martha Navar Franco admitted that she was not mistaken when she added her daughters to title to her mother's house. Thereafter, Maria Navar brought an action against Martha Navar Franco and her daughters seeking rescission of the quitclaim deed as damages for elder abuse and fraud among other things.
Settlement Discussions
Maria Navar maintained that, in or about July or August 1996, she became very ill, hospitalized and underwent triple bypass surgery. Upon being released from the hospital, Maria required 24-hour care. At that time, Martha was her only child who had room to take her in and provide that required care. To pay for Maria's medical needs, Martha represented that she would rent Maria's home and use the rental income to pay for such expenses. Martha, however, also made various representations to Maria to deceive her into transfering full title to the home to Martha. On Aug. 2, 1996, Martha took Maria to a notary public who gave Maria a quitclaim deed to sign (which purported to transfer full title to Maria's home from Maria to Martha). Neither the notary nor Martha explained to Maria the nature of the deed nor translated it for her from English to Spanish. Nevertheless, trusting her daughter, Maria signed the deed. Not until late 2003 did Maria learn of the signing of the deed.
Result
The arbitrator, retired Judge William Sheffield at Judicate West, found in favor of the defendant daughter on all claims.
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