Wilson

Wilson v. S.L. Rey, Inc.

Good Law
17 Cal. App. 4th 234·1993 Cal. App. LEXIS 765·21 Cal. Rptr. 2d 552·93 Daily Journal DAR 9451·93 Cal. Daily Op. Serv. 5594
Court of Appeal of CaliforniaJune 29, 1993D014750California2,891 words

Opinion

Opinion

Nares, J.

At the close of evidence in a bench trial, plaintiffs Jan F. Wilson and Redondo Investments, Inc. (Redondo), a Texas corporation wholly owned by Wilson’s husband, George Cl eland, moved for judgment on the pleadings. Defendants, S.L. Rey, Inc., San Ysidro Associates, III (SYA), and Juan Orendain moved for judgment under Code of Civil Procedure section 631.8. The trial court took the matter under submission with the parties’ stipulation that the court’s oral ruling would constitute a statement of decision.

The trial court, finding the plaintiffs (collectively, Wilson) had unclean hands, ruled in favor of defendants (collectively, Orendain) and in a subsequent order, denied Wilson’s motion for relief from forfeiture and awarded costs and attorney fees to Orendain. Wilson amended the notice of appeal to include both the judgment and the order. Substantial evidence supports the trial court’s finding of unclean hands. Accordingly, we affirm.

Facts and Procedure

In 1977, Frances Pikush, Edward Halprin and Jan F. Wilson purchased 156 acres of undeveloped land in Bonsall, as tenants in common. Each party received an undivided one-third interest. Later, those shares were…

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