Diaz

Diaz v. Salinas CA2/5

Good Law
Court of Appeal of CaliforniaMarch 24, 2025B332599California1,254 words

Opinion

Opinion

I. BACKGROUND

Plaintiff filed suit in January 2021. As summarized by the trial court,1 plaintiff’s complaint alleged causes of action to quiet title to real property, to cancel a deed, for specific performance, for damages for breach of an oral contract, for damages for fraud and deceit, and for restitution based on violations of the Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq.). Plaintiff contended he transferred title to his home in Reseda to defendants in 2018 and defendants thereafter paid outstanding property taxes and utility bills. Plaintiff alleged these payments

1 Plaintiff did not include the complaint in the appellate record. Although this omission alone might be a basis for affirmance (Hernandez v. California Hospital Medical Center (2000) 78 Cal.App.4th 498, 502 [“Appealed judgments and orders are presumed correct, and error must be affirmatively shown”]), plaintiff does not dispute the trial court’s description of the complaint. So we proceed on the understanding the trial court’s description is accurate.

2 constituted a loan and defendants agreed to transfer title back to him when he repaid the loan amount, which he has now done. In July 2022,…

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