Pastor

Pastor v. Younis

Good Law
1965 Cal. App. LEXIS 1137·238 Cal. App. 2d 259·47 Cal. Rptr. 684
Court of Appeal of CaliforniaNovember 19, 1965Civ. 27944California2,397 words

Opinion

Opinion

Shinn, J.

The appeal is by Rosemary Pastor who purchased a half interest in a hotel and sues for damages for fraud, for an injunction against the sale of the property under a purchase money trust deed, for reformation of the same and for general equitable relief. The appeal is on a clerk’s transcript. The complaint was in five causes of action.

The first cause of action alleged that defendants George and Virginia Younis owned the property; they represented to plaintiff that the reasonable value of the property was $114,000 and the value above the amount of the first trust deed of $87,000 was $32,000; the hotel business had outstanding unsecured indebtedness of $11,000; plaintiff’s investment would be made secure if title were placed in herself and George Younis and they would execute a second trust deed to Virginia, which would be assigned to creditors to secure $11,000; for tax purposes the note and trust deed should be for $93,775.52, payable at $550 per month, and that when the payments of principal amounted to $11,000 the lien of the trust deed would be released; Virginia quit-claimed her interest to George, and that plaintiff, being inexperienced in tax matters and having confidence…

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