Garcia

FACTS

In December 2017, Garcia and her father, defendant George Hernandez Lopez, Jr., (Father) arranged for the acquisition and financing of real property located on Deerwood Drive in Madera (Deerwood). Garcia alleges that (1) Deerwood was purchased as her residence and for her exclusive use with a $50,000 down payment from her and with the support of Father’s credit; (2) she was the sole source of the $50,000, which was “her

2. entire divorce settlement money”; (3) she and Father are on the title as joint tenants; (4) she is the 100 percent rightful and legal owner and sole occupying possessor of Deerwood; and (5) she is entitled to 100 percent of the funds generated from refinancing the property and 100 percent of the future profit from any sale. She alleges their arrangement created a binding fiduciary relationship and Father has absolutely no personal monetary investment in Deerwood and has no rights to occupy, possess, or enter Deerwood. In December 2021, Garcia and Father refinanced Deerwood by obtaining a $151,000 loan, which was enough to pay off the existing mortgage and leave them a balance of $31,197.36. The refinancing paperwork included a grant deed that was…