Sally Montoya v. Thomas Brown
Published: Mar. 11, 2006 | Result Date: Dec. 1, 2005 | Filing Date: Jan. 1, 1900 |Case number: YC048544 Bench Decision – $0
Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Defendant
Gennady L. Lebedev
(Lebedev, Michael & Helmi APLC)
Facts
The plaintiff is Sally Montoya. The defendant is Thomas Brown. The plaintiff and the defendant had a romantic relationship. The defendant added the plaintiff as joint tenant to his house. This was done through a quitclaim deed. When the plaintiff and the defendant terminated their relationship, the plaintiff quitclaimed her interest back to the defendant, and her signature on the quitclaim deed was notraized. The deed was never recorded. The location of the original was not settled. The defendant had a copy of the notarized quitclaim deed.
The plaintiff did not contest that she signed the quitclaim deed. However, at trial, she argued she signed it under duress because the defendant threatened her. At trial, there was evidence that the plaintiff and the defendant had a tumultuous relationship.
Before the suit, the plaintiff paid a portion of the property taxes, which were in arrears. Further, the plaintiff entered in to a payment plan with the county. Then she filed suit where she sought partition of the joint tenancy. She also sought sale of the property.
The defendant filed a cross-complaint. He sought to quiet title. The defendant identified himself as the only owner pursuant to the plaintiff's signed unrecorded quitclaim deed.
Settlement Discussions
The plaintiff demanded $120,000. The defendant offered to cover the plaintiff's costs, as well as the payments she made toward the property.
Damages
The plaintiff sought to partition the joint tenancy. Further, she wanted to have the property sold. Then the proceeds would be equally divided. Alternatively, she wanted to buy out the defendant's interest. The defendant sought declaratory relief to quiet title. He also wanted to have himself declared the sole owner.
Result
The judgment was in favor of the defendant in regard to the plaintiff's action for partition. The judgment was in favor of the defendant regarding his cross-complaint to quiet title.
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