Facts

Daniel Greaves and Beverly Greaves sued Michelle Andrade and Andrade Financial Inc., in connection with the Greaves' property located in Cypress.

PLAINTIFFS' CONTENTIONS:
Beverly Greaves and her deceased husband executed a grant deed transferring their property to other individuals as joint tenants. In 2000, one of the joint tenants died, Beverly and Daniel Greaves became joint tenants with right of survivorship.

In 2016, the subject property faced foreclosure with an existing mortgage loan of nearly $80,000 on a property that's worth half a million. Beverly then became involved in a serious car accident, which rendered her comatose and on life support. Consequently, her mental capacity, coupled with her age, became diminished.

In April, defendant Andrade Financial, a real estate professional, contacted Beverly and advised her that she had no other option but to sell the property due to the impending foreclosure. Defendants offered to purchase Beverly's interest in the property for $35,000 and relentlessly pursued the elderly woman to sign the purchase agreement. Beverly eventually gave in and signed the documents, which gave defendants one-half interest in the subject property. The document included a contingent provision that Beverly would receive an additional $65,000 if defendants were successful in purchasing Daniel's one-half interest.

Immediately thereafter, defendants caused Beverly to execute a grant deed without having the opportunity to seek and consult with independent counsel. Defendants subsequently recorded the grant deed. Daniel, however, was never informed of the transaction nor did defendants even attempt to buy Daniel's interest as promised.

In May, Daniel attempted to sell the subject property and was surprised to find out about the grant deed showing defendants as the owner of the subject property.

Plaintiffs filed suit, alleging causes of action for declaratory relief, cancellation of written instrument, quiet title, intentional misrepresentation, fraud, violation of Business and Professions Code Section 17200 et seq., and rescission.

DEFENDANTS' CONTENTIONS:
Defendants demurred, challenging the sufficiency of plaintiff's allegations. The complaint allegedly does not state facts sufficient to constitute a cause of action.

Result

The court sustained the demurrer with leave to amend.

Other Information

FILING DATE: June 30, 2016.