Missinato

INTRODUCTION

Marco Missinato sued his sister, Elisabetta Missinato, claiming a 50 percent ownership interest in residential property Elisabetta purchased with funds provided by their mother, Anna Rossi. Marco alleged that, although title to the house was in Elisabetta’s name, Rossi intended, and her children orally agreed, the property would be owned equally by Marco and Elisabetta. Following a court trial, the trial court issued an interlocutory judgment of partition declaring Marco and Elisabetta tenants in common and ordering them to sell the property. Elisabetta appeals from the interlocutory judgment, arguing Marco’s claims were barred by the statute of limitations. We conclude Marco’s cause of action for partition was barred by the statute of limitations. We also conclude that, although the trial court did not (as the parties seem to believe) impose a resulting trust, Marco’s claim for such a remedy was, in any event, barred by the statute of limitations as well. Therefore, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

A. Rossi Provides Funds To Purchase the Property In December 2011 Rossi, an Italian citizen who lived in Rome, came to Los Angeles to visit her two…