Recent Wins

Court of Appeal reverses quiet title summary judgment against GMSR’s client

Perez v. Wiesand (2015) 2015 Cal.App. Unpub. LEXIS 3361 (California Court of Appeal, Second Appellate District, Division Seven) [unpublished]. GMSR’s client was a defendant in a quiet title action between family members over ownership of two rental properties. A grandson successfully moved for summary judgment, claiming his grandfather had transferred the properties to him before the grandmother attempted to transfer the properties to herself and then to her son-in-law, GMSR’s client. The trial court adopted the grandson’s version of the facts, disregarding the opposition that GMSR’s client, representing himself, had submitted. The Court of Appeal reversed. It concluded that language in a declaration contained in the grandson’s own moving papers established the presence of a triable issue, so that the grandson failed to meet his burden as the moving party.