Sparks v. Mendoza

McCOMB, J.

This is an appeal from a judgment in favor of defendants after trial before the court without a jury in an action to quiet title to a parcel of real property.

The evidence being viewed in the light most favorable to defendants (respondents) the essential facts are:

Her linda S. Rios, of Mexican descent, came to the United States with her husband from the Republic of Mexico in 1913. The family settled in Alton, Illinois. Thereafter the husband returned to Mexico and later died leaving surviving him his widow and a number of children including the plaintiff, Herlinda S. Sparks. All the children worked and contributed to their mother’s support. Out of the money contributed by her children Mrs. Rios purchased and paid for a house in Alton, Illinois. In 1937, plaintiff and her husband came to California. In 1938, Mrs. Rios requested plaintiff to come to Alton, Illinois “to look after her business affairs there.” Plaintiff had assisted her mother in business transactions from the time she was a little girl because the mother was ignorant of business affairs and of the English language. Mrs. Rios spoke broken English, and could not quite understand all that she read.

In response to Mrs. Rios’s request, plaintiff went to Alton, Illinois in 1938, and assisted her mother in her business including the arrangement for a loan of $4,000 on the real

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estate which she owned in Alton. From this loan plaintiff paid some of her mother’s bills and then returned to California, bringing her mother with her. After their arrival in California they commenced looking for a piece of property for the mother to purchase. In March, 1939, the Lindy-Anne Apartments, 1807 Glendale Boulevard, Los Angeles, California, were purchased by Mrs. Rios for the sum of $25,500 with a down payment of $2,800. The down payment on the property was made from the money borrowed on the Alton, Illinois, property. The purchase price included the furniture, furnishings and equipment of the apartment house. This apartment house is the property which is the subject of the present litigation. All the negotiations for this property were handled by plaintiff for her mother.

Mrs. Rios, plaintiff and plaintiff’s husband went into possession of the property and shared an apartment in it until May, 1943. Plaintiff testified that in October, 1940, Mrs. Rios stated to her that “she wished to give this property [the Lindy-Anne Apartments] over to me in case of her death”; and that her mother telephoned to one Richard Madrid [now deceased] who was a secretary in some law office telling him that she wanted to make out a deed and “leave the real estate [Lindy-Anne Apartments] to me [plaintiff] ’ ’; that a quitclaim deed dated October 23, 1940, was prepared by Mr. Madrid, delivered to Mrs. Rios and acknowledged before a notary public named Mary L. Carson. The notary public at the time of the trial had left the State of California and did not testify nor was her deposition offered in evidence. After the deed had been signed it was handed to plaintiff.