Escamilla v. Escamilla CA2/5

Filed 10/3/13 Escamilla v. Escamilla CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

CARLOS ESCAMILLA, SR., B243794

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. MC023432) v.

CARLOS ESCAMILLA, JR.,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Robert A. McSorley, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Carlos Escamilla, in pro. per., for Plaintiff and Appellant. No appearance for Defendant and Respondent.

I. INTRODUCTION

Plaintiff, Carlos Escamilla, Sr., appeals from a July 31, 2012 order sustaining a demurrer by defendant, Carlos Escamilla, Jr. The order dismissed the complaint without leave to amend. The trial court found plaintiff released all claims in this action in a prior lawsuit. Plaintiff contends he never agreed to the settlement and the terms are unconscionable. We affirm the order.

II. BACKGROUND

A. Plaintiff’s Allegations In First Lawsuit

This case involves a settlement of a prior lawsuit. We begin by setting forth the allegations of the first action. Plaintiff is defendant’s father. Plaintiff owned his home. Plaintiff agreed to give defendant the residence (“the property”). In exchange, plaintiff was permitted to live in the house for the rest of his life. Defendant agreed to pay all bills, and if his girlfriend moved into the house, to pay rent. Plaintiff lived with defendant in Canyon Country, California. Plaintiff was recovering from a stroke suffered a year prior to the gift. Plaintiff lived in the house for four years. In 2008, defendant’s girlfriend moved into the residence. Plaintiff demanded rent payment from defendant. Defendant refused to pay the rent. On August 29, 2008, defendant called the police. Defendant falsely accused plaintiff of committing domestic violence. On September 2, 2008, plaintiff returned home to find the locks on the property had been changed. Plaintiff temporarily lived with his sister in hope tensions would subside. Four to six months later, plaintiff demanded to be allowed to return to the property. Defendant refused. Plaintiff returned several times to the property. Defendant’s girlfriend obtained a temporary restraining order against plaintiff. Eventually, defendant secured a restraining order against plaintiff.