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Mora v. Mora

Mar. 16, 2004

Real Property
Real Estate
Real Estate

Mora v. Mora

Published: Mar. 16, 2004 | Result Date: Jan. 28, 2003 | Filing Date: Jan. 1, 1900 |

Case number: PC028869 Bench Decision –  $0

Judge

Howard J. Schwab

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Mario M. De La Rosa
(Law Office of Mario M. De La Rosa)


Defendant

Russell G. Bankes


Facts

The plaintiff was the 59-year-old son of the defendant who lived on the defendant's property.The defendant was the plaintiff's mother who owned her home and recorded it in her name. In 1972, the plaintiff made a down payment on residential property. Mortgage payments were to be paid from rental proceeds from a guesthouse. Title was placed in defendant's name. The plaintiff alleged that the defendant was to transfer title to the plaintiff upon request. The defendant denied this. The plaintiff stated that the reason he placed the defendant's name on the title was so his wife would have no claim to the property. The plaintiff and his wife dissolved their marriage prior to the filing of this lawsuit.

Settlement Discussions

The plaintiff made a demand of $85,000. The defendant made an offer of $7,000.

Other Information

The defendant argued that the plaintiff either intended a gift or that the court of equity was being asked to participate in the plaintiff's effort to defraud his wife.

Length

2 partial days


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