Wilson

Filed 12/8/14 Wilson v. Benson CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

LINNEA WILSON, as Trustee, etc., H038833 (Santa Cruz County Plaintiff and Appellant, Super. Ct. No. PR045408)

v.

JOHN BENSON et al.,

Defendants and Respondents.

Appellant Linnea Wilson’s petition to determine ownership of property and cancel a deed was dismissed on statute of limitations grounds by summary judgment. On appeal, she contends that the five-year limitations period under Code of Civil Procedure sections 318 and 3191 had never commenced to run because she retained legal title to the property as trustee of a trust. We agree and reverse the judgment.

I. Undisputed Facts

Selda Benson (Selda) was the mother of two children, Linnea Wilson (Wilson) and…