Webb v. Saunders

MUSSELL, J.

In this action to set aside a deed, judgment for plaintiff was reversed with directions to permit plaintiff to amend her complaint by alleging the confidential relationship existing between plaintiff and defendants. It was stipulated that the testimony taken and received at the second trial was identical with that of the first and the facts are fully set forth in the opinion of this court in

Webb

v.

Saunders,

79 Cal.App.2d 863 [181 P.2d 43].

Plaintiff, a widow, 85 years of age, lived next door to defendants in the city of San Diego. It is alleged in her amended complaint that on or about December 27,1943, defendant C. B. Saunders procured, and induced plaintiff to execute and deliver a deed of the property described therein to C. B. Saunders and Myrtle Saunders, his wife; that at the time of

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the execution of the deed, plaintiff was old and infirm and in a weakened physical condition and about to undergo a major operation involving a leg amputation; that she was then in a weakened mental condition and incapable of exercising sound business judgment; that there then existed between plaintiff and defendants an intimate and confidential relationship, and defendants, taking advantage of plaintiff’s physical and mental condition, and fraudulently taking advantage of the said intimate and confidential relationship, procured plaintiff’s signature to the deed; that there was no consideration given for its execution. The court found that all of the allegations of the amended complaint were true and ordered the cancellation of the deed.

There is substantial evidence in the record to support the findings of the trial court. There was testimony to the effect that defendants performed neighborly acts for plaintiff over a considerable period of time and gained her confidence to the extent that she entrusted Mr. Saunders with approximately $2,500 of her money, which he kept in his personal bank account; that Mr. Saunders borrowed $2,000 from plaintiff to make a down payment on a house next door to plaintiff’s house in order that they, defendants, at plaintiff’s request, could be close to her. Mri Saunders took plaintiff to the county hospital for medical attention and surgery by which her left leg was amputated on December 30, 1943. Mrs. Webb, while in the hospital, on December 27, 1943, executed a purported grant deed of her home to defendants, reserving a life estate therein.