Lombardo

Plaintiff and cross-defendant lone Lombardo appeals from summary judgment entered against her and in favor of defendant and cross-complainant Santa Monica Young Men’s Christian Association (Y.M.C.A.).

Proceedings in Trial Court

Only the third cause of action of the complaint was directed against defendant Y.M.C.A. That cause of action (imposition of constructive trust on property devised by will) alleged: In July 1982 Clara Hollowell died leaving a will executed in 1979 wherein she devised to defendant real property at 938 Second Street, Santa Monica (the property). Plaintiff filed in the probate proceeding a creditor’s claim for $222,770 which included $840 as rent for the property which the executor of the estate wrongfully collected from plaintiff in view of the decedent’s promise to plaintiff that she could occupy an apartment on the property rent-free for so long as she chose; and specific performance of decedent’s promise to devise the property to plaintiff, or alternatively damages of $200,000 (the estimated value of the property). The executor rejected the claim. From September 21, 1981 to June 8, 1982, at the express request of the decedent and upon her express…