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 LEXIS 3361 (California Court of Appeal, Second Appellate District, Division Seven) [unpublished].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.