Apolinar v. Apolinar CA2/2

Filed 1/12/26 Apolinar v. Apolinar CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

TERESA J. APOLINAR, B333395

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. 21CHCV00490)

JORGE APOLINAR,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Andrew E. Cooper, Judge. Affirmed. Chambers Law Firm and Dan E. Chambers for Defendant and Appellant. Law Offices of Richard T. Miller and Richard T. Miller for Plaintiff and Respondent. ________________________________________

An elderly mother sued her son after he surreptitiously added his name onto title of her properties. A jury found that the son converted rental income. The court tried her equitable claims and found the son was unjustly enriched by making himself a joint tenant without his mother’s consent. He was ordered to convey title to her. We conclude that the court properly exercised its equitable power to deem the son an involuntary trustee of property obtained by fraud, accident, mistake, undue influence, violation of a trust, or other wrongful act. (Civ. Code, § 2224.) We affirm the judgment. FACTS Review is of the judgment roll. (Code Civ. Proc., § 670 [judgment roll means pleadings, jury verdict, statement of decision, and judgment].) Absent a trial transcript, there is no testimony to recite, nor is there a settled statement.1 The Complaint Respondent Teresa J. Apolinar and her husband purchased four properties in Los Angeles and Kern Counties in the 1970’s, taking title as joint tenants. When her husband died in 2003, Teresa became sole owner. Appellant Jorge Apolinar, Teresa’s son, has collected rent for one of the properties since 2005, but refused to remit it to Teresa or provide an accounting. Jorge prepared grant deeds for Teresa’s properties in 2009. Teresa does not speak, read, or write English. She signed the deeds, mistakenly believing they merely removed her late husband from title. Instead, the deeds granted title to Teresa,