Apolinar

FACTS

Review is of the judgment roll. (Code Civ. Proc., § 670 [judgment roll means pleadings, jury verdict, statement of decision, and judgment].) Absent a trial transcript, there is no testimony to recite, nor is there a settled statement.1 The Complaint Respondent Teresa J. Apolinar and her husband purchased four properties in Los Angeles and Kern Counties in the 1970’s, taking title as joint tenants. When her husband died in 2003, Teresa became sole owner. Appellant Jorge Apolinar, Teresa’s son, has collected rent for one of the properties since 2005, but refused to remit it to Teresa or provide an accounting. Jorge prepared grant deeds for Teresa’s properties in 2009. Teresa does not speak, read, or write English. She signed the deeds, mistakenly believing they merely removed her late husband from title. Instead, the deeds granted title to Teresa,

1 During this appeal, appellant sought to augment the record with a settled statement. The superior court was unable to augment the record because no settled statement was in its file and appellant disregarded a notice to provide a conformed copy.

2 Jorge and his sisters, as joint tenants. After the change in title came to light,…