Housley v. Haywood

Plaintiff Brian Housley (Brian) appeals a summary judgment in favor of defendant Barbara Haywood (Barbara), as the successor executor of the will of John Housley (John) and as the successor trustee of John’s trust. Brian alleges John breached an oral agreement to leave all of his property on his death to Brian. The trial court found that equitable estoppel did not preclude Barbara from asserting the applicable statutes of fraud. On appeal Brian contends that his papers opposing the summary judgment motion presented sufficient evidence to create triable issues of material fact on this question and that the court erred by granting the summary judgment motion. We agree and reverse the judgment.

Factual and Procedural Background

John and his wife had two children, Brian and Joan. John’s wife died in 1957 when both children were adults. In 1959 Brian helped John build a house in Poway. Brian lived with John in that house from 1959 through 1989, except for a period from 1961 through 1963 when Brian served in the United States Army. During that 30-year period, Brian stayed with and cared for his father “only because he asked for and needed [Brian’s] help, and there was no one…