Thornber
Thornber v. Colby CA3
Opinion
Opinion
Renner, J.
I. BACKGROUND
Diane and Sally are the adult children of James A. Plessinger and Dorothy W. Plessinger, both of whom are now deceased. Kevin is Sally’s ex-husband. James was an attorney with experience in real property matters and a real estate broker. Dorothy was also a real estate professional; an occupation Sally and Diane appear to have pursued at various times. James and Dorothy purchased the property in 2005. Diane moved into the property sometime later and lived with James and Dorothy for several years. Dorothy died in August 2012. James died in January 2014. Diane remained on the property after James’s death. A. The Pleadings Sally and Kevin filed a complaint for partition by sale against Diane on May 9, 2017.3 The complaint alleges that James and Dorothy purchased the property in June 2005 for $644,500 and financed the purchase, in part, with a $160,000 bank loan secured by a deed of trust. The complaint further alleges that Sally and Kevin contributed $350,000 towards the purchase price, with the expectation that they would eventually receive an interest in the property. The complaint further alleges that James and Dorothy