Anderson

American Title Company (American) commenced this action against Horace and Marguerite Anderson (defendants) with the filing of a complaint for a common count, money had and received, alleging that there was $13,500 due American. The defendants answered with a general denial.

American noticed a motion for summary judgment supported by the declaration of its vice president G. F. Leo. Defendants filed no counter-declarations. The trial court granted American’s motion and entered a summary judgment in its favor in the amount prayed for. The defendants appeal.

Facts

This dispute centers around the title to a certain parcel of real property. On June 17, 1965, Harold W. Anderson and Christine Anderson (the Andersons) executed and delivered to the defendants a joint tenancy grant deed of the parcel of real property in question. On December 26, 1968, the Andersons filed an action (Los Angeles Superior Court No. 874105) against defendants seeking to quiet title to the property and to have the grant deed declared to be a mortgage. Contemporaneously with the filing of that action the Andersons recorded a notice of lis pendens as to the subject property.

On July 31, 1969, while…