Hall v. Patterson, et al.
Published: Jun. 21, 2001 | Result Date: Apr. 20, 2001 | Filing Date: Jan. 1, 1900 |Case number: 241824 Bench Decision – $0
Judge
Court
Kern Superior
Attorneys
Plaintiff
Defendant
Facts
In October 1998, the plaintiff, a 78-year-old man, lost his wife and the mother of his stepchildren, the
defendants. Fifteen days after her death, the plaintiff executed a Grant Deed dated Oct. 22, 1998 whereby he
purportedly conveyed real property from himself to himself and the defendants as joint tenants. The defendants
arranged for the preparation and recording of the grant deed.
The plaintiff alleged that he did not understand that the instrument he signed actually
transferred title to his home to defendants. Upon learning of this fact, the plaintiff attempted to
persuade the defendants to reconvey the property to plaintiff. They refused, leading to this action
based on cancellation of deed, fraud and quiet title theories of recovery.
Settlement Discussions
The plaintiff demanded $75,000. The defendants offered to accept 50 percent of the plaintiffÆs real property valued at approximately $70,000. No settlement was reached.
Damages
The plaintiff claimed loss of sole ownership of his property, valued at approximately $140,000.
Other Information
The court entered a judgment canceling the grant deed and finding that the plaintiff did not intend to make a gift of the property. The court based the cancellation of the grant deed on mistake and undue influence grounds and quieted title to the real property in the plaintiff alone.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390