Gilman

BACKGROUND

I. Complaint

On April 14, 2021, Gilman filed a complaint against Hawthorne for partition by sale, conversion, and fraud.1 The complaint alleged the

1 The complaint also named Mortgage Electronic Registration

Systems, Inc. The trial court dismissed this entity with prejudice because no

1 following: Gilman and Hawthorne each owned 50 percent of a residential home in Vallejo, which they purchased together in late 2014. The purchase price was $650,000, and the parties agreed that each would pay 50 percent. Hawthorne applied for a loan of $225,000 and intended to pay the remaining balance of $100,000 in cash. However, just before closing, Hawthorne was unable to obtain the loan without a cosigner due to her credit history. Further, she did not have the ability to contribute the $100,000 in cash. Gilman agreed to be a coborrower with Hawthorne on the $225,000 loan and to pay her balance of $100,000 in cash, in addition to his $325,000 cash contribution, to complete the purchase of the home. Hawthorne represented that when her credit rating improved she would refinance the loan into her own name. She also agreed to repay Gilman the additional $100,000 he contributed…