People v. Adam CA3

I. BACKGROUND

A. The Evidence at Trial Defendant’s mother, Bernice, owned a house in Sacramento. Bernice had four adult children: defendant, Donna, Ken, and John. Donna lived with Bernice in the family home. Jack, a family friend, lived in a small cottage or shed on the property. Jack paid Bernice rent until her death in June 2015. He then paid rent to Donna. Donna served as the executor of Bernice’s estate. Donna died in April 2018, a couple of months before trial. A fire broke out on the property in March 2016. The fire destroyed a three-car garage and its contents, including personal property belonging to the siblings. The fire also sparked a family rift between defendant and Ken, on the one hand, and Donna and John, on the other. Each side submitted separate insurance claims for personal property loss from the fire. A dispute developed as to whether defendant and Ken should be entitled to recover their fire losses. The dispute centered on whether defendant and Ken lived in the house prior to Bernice’s death, a condition precedent to recovery under her homeowners’ policy. The squabble over insurance money was a recurring theme throughout the case and on appeal. The…