Ortiz

Defendants, Augustine and Mercy Avila, are ranchers in El Dorado County. Plaintiff, Joseph Ortiz, came to live with them in January 1956, remaining until July 1961. The status of moneys delivered by plaintiff to defendants during this period is the subject of the controversy. The theory of the complaint was that plaintiff, who was a person of subnormal intelligence, had delivered his paychecks to defendants; that he “reposed special trust and confidence in defendants ’ ’; that defendants agreed to act as plaintiff’s agents, representing they would open and maintain a bank account in his name into which these paychecks would be deposited. It is alleged that the representation which plaintiff relied upon was false and fraudulent, that plaintiff had periodicallly delivered to defendants sums over the years totaling $12,000 which defendants appropriated to their own use. Defendants’ answer denied the confidential relationship, the agreement, the representations and any misappropriation of money. Their pretrial statement alleges that all earnings of either plaintiff or defendants were to be placed in a common fund for “the common support and welfare of plaintiff and defendants,” and…