Perez

INTRODUCTION

This action arises out of a family dispute over ownership of two properties. Plaintiff Edward L. Perez (Edward)1 obtained a judgment following summary adjudication and a stipulation re judgment stating that he is the owner of the properties. Defendant Theodore Wiesand (Theodore) appeals from the judgment. Theodore argues that the trial court should not have granted summary adjudication for Edward because transfer of title to the two properties to Edward was made by Edward’s grandfather Hector Garza (Hector Sr.) on October 6, 2010 after title was transferred to Edward’s grandmother Elba P. Garza (Elba) on October 4, 2010, who subsequently transferred title to Theodore. Thus, Theodore contends that he is the owner of the two properties. In his motion for summary judgment or, in the alternative, summary adjudication (summary judgment motion),2 Edward contended that Hector Sr. transferred title to the properties to him on September 14, 2010 although the deeds were recorded on October 6, 2010, and therefore Edward is the owner of the two properties. We find that there is a triable issue of material fact as to when Hector Sr. transferred title to the properties to Edward,…