Escamilla

I. INTRODUCTION

Plaintiff, Carlos Escamilla, Sr., appeals from a July 31, 2012 order sustaining a demurrer by defendant, Carlos Escamilla, Jr. The order dismissed the complaint without leave to amend. The trial court found plaintiff released all claims in this action in a prior lawsuit. Plaintiff contends he never agreed to the settlement and the terms are unconscionable. We affirm the order.

II. BACKGROUND

A. Plaintiff’s Allegations In First Lawsuit

This case involves a settlement of a prior lawsuit. We begin by setting forth the allegations of the first action. Plaintiff is defendant’s father. Plaintiff owned his home. Plaintiff agreed to give defendant the residence (“the property”). In exchange, plaintiff was permitted to live in the house for the rest of his life. Defendant agreed to pay all bills, and if his girlfriend moved into the house, to pay rent. Plaintiff lived with defendant in Canyon Country, California. Plaintiff was recovering from a stroke suffered a year prior to the gift. Plaintiff lived in the house for four years. In 2008, defendant’s girlfriend moved into the residence. Plaintiff demanded rent payment from defendant. Defendant refused to pay the rent.…