Wells Fargo Bank v. Bennett CA3

BACKGROUND

The Litigation In 2010, Norman W. Allen sued numerous defendants including Bennett, Wells Fargo, and Judith A. St. John.1 Allen sought tort damages, reformation of contract, and imposition of an equitable trust after he entered into an agreement with Bennett and St. John to partition a 54-acre property in Susanville, California. The partition mistakenly omitted certain improvements from Allen’s 14-acre portion, which jeopardized a mortgage obtained by Allen from Option One Capital Mortgage Corporation. All of Allen’s causes of action related to the partition and the parties’ resulting property rights. St. John filed a cross-complaint seeking, among other things, declaratory relief and indemnity from Bennett. Wells Fargo also filed a cross-complaint for eight causes of action as successor trustee and beneficiary of a deed of trust to the partitioned property. Wells Fargo alleged the error in partitioning the property left Allen to pay for improvements Bennett and St. John ended up owning. Based on the erroneous partitioning, Wells Fargo sought declaratory relief, reformation of the deed of trust, imposition of an equitable lien, and

Allen is not a party to this…