Montenegro v. Bernal CA2/4

Filed 1/23/25 Montenegro v. Bernal CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

RUTH MONTENEGRO, B333048

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 22LBCV00335) v.

OSCAR M. BERNAL,

Defendant and Respondent.

APPEAL from orders of the Superior Court of Los Angeles County, Mark C. Kim, Judge. Affirmed. Law Office of J.B. Casas, Jr., Juventino B. Casas, Jr. and Alyssa B. Casas for Plaintiff and Appellant. No appearance for Defendant and Respondent.

INTRODUCTION Appellant Ruth Montenegro (Montenegro) claims ownership of the home where respondent Oscar M. Bernal (Oscar)1 lives. In 2022, Oscar recorded a nine-year-old quitclaim deed which granted Montenegro’s share of the property to Oscar’s mother. In response, Montenegro sued, alleging the deed was a forgery and seeking to cancel it. After a one-day bench trial, the court found the deed legitimate and entered judgment in favor of Oscar. Montenegro now appeals the judgment. We affirm.

FACTS AND PROCEDURAL BACKGROUND Montenegro and Oscar were romantic partners who lived together at various times beginning in 2005; they had two children, got married in 2016, and were ultimately divorced in 2022. When the parties lived together, they lived at a house in Long Beach owned by Oscar’s mother, Aurelia Bernal (Aurelia). There is no dispute that, on February 26, 2013, Aurelia conveyed the property to herself and Montenegro as joint tenants. The grant deed was recorded two days later. Aurelia died in January 2020. Montenegro filed for divorce from Oscar that same year. In May 2022, before the divorce was finalized, Oscar recorded the quitclaim deed which is the subject of this action. The quitclaim deed is dated February 26, 2013—the same date as the original conveyance to Montenegro—and it conveys sole ownership of the property back to Aurelia. It appears to be signed by Montenegro and Aurelia, though only Montenegro’s signature is notarized.