Wright

Procedural History

This is a case in which quasi-specific performance is sought under a constructive trust theory on the basis of an oral representation. Appellants, John and Mary Wright, appeal from a judgment granting respondent’s *1464 motion for summary judgment of appellants’ petition pursuant Probate Code section 9860.

Elnora Brenzikofer died on January 13, 1991. Probate proceedings commenced thereafter. On March 21, 1994, appellants filed their Probate Code section 9860 petition seeking specific performance of an oral agreement made by the decedent to convey to them the house they were renting from her. Appellants contend that the oral agreement to do so had been made by the decedent in return for some 26 years of care they had given to her and her cats. Respondent, the administrator of the estate of Brenzikofer, filed his notice of motion for summary judgment on December 14, 1994. The motion was heard and granted on January 26, 1995. A motion for reconsideration was subsequently denied.

Statement of Facts

Appellants became tenants of property located at 912 North Avenue 64 in the City of Los Angeles owned by Elnora Brenzikofer (hereinafter the decedent). At…