Cook

Cook v. Trebino CA6

Good Law
Court of Appeal of CaliforniaMay 10, 2022H047830California11,960 words

Opinion

Opinion

I. BACKGROUND

A. Complaint and Answer The dispute involved a property located at 45255 Arroyo Seco Road in Greenfield. According to plaintiffs, the Arroyo Seco property was a family property and had been “passed from generation to generation” since the late 1800’s. In December 1991, Walter and Bessie Swenson conveyed the Arroyo Seco property to their children, Joanne Martin and Yvonne Alarid, as tenants in common, each with a 50 percent ownership interest. Walter and Bessie2 retained a life estate in the property. Walter died in 1992 and Bessie died in 2011. Between 1992 and 2002, Joanne signed three promissory notes, each for $50,000. The notes were presented to Joanne by Tondre Alarid, Yvonne’s husband. Joanne and Yvonne were the borrowers under the notes. Tondre and Yvonne were the lenders. The purpose of the notes was to “cover [Joanne’s contribution to] the cost of the Arroyo Seco home expenses as they would arise in the years to come.” In 2006, Joanne placed her share of the ownership of the Arroyo Seco property in the 2006 Joanne Martin Revocable Trust (Martin Trust). In 2007, a fourth promissory note in the amount of $100,000 was executed, again with Tondre and…

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