Massow v. Gianaclis

DRAPEAU, J.

Marjorie Massow, hereinafter referred to as either plaintiff or respondent, came to Los Angeles from Iowa in 1941 when she was 20 years old. Defendant was in the restaurant supply business in Hollywood and had a wide acquaintance with persons connected with the motion picture industry. With the help of defendant, plaintiff was able to obtain contracts to appear in motion pictures.

In May of 1946, plaintiff bought a house and two adjoining lots. The house was priced at $10,000. She paid $5,000 down and defendant lent her the balance of the purchase price.

Thereafter, on June 6, 1946, plaintiff executed a grant deed at defendant’s request. This purported to convey to him a half interest in the said real property. This document was not recorded.

Sometime in December of that year, defendant and plaintiff had a disagreement respecting the latter’s business affairs. Defendant then revealed to plaintiff that he had an interest in said realty. And he proceeded to evict plaintiff and her family from the premises.

In January of 1947, plaintiff instituted this action to have the grant deed declared a trust deed or mortgage as security

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for the payment of $5,112 advanced by defendant toward the purchase price.

At the conclusion of a bitterly contested trial lasting 10 days the court made its findings of fact in favor of plaintiff, in substance as follows:

That in 1942, Marjorie Massow was young and inexperienced in her pursuit of a professional career and in the management of her business affairs; that she found in defendant one who was willing to give, and who volunteered advice; that she accepted, and defendant became her business and professional manager; that she considered him honest and working for her best interests. Such relationship continued until December 6, 1946.

During this period a fiduciary relationship existed between them and plaintiff relied upon, and trusted defendant implicitly.

While defendant admired plaintiff, “he was cautious and shrewd” and controlled and dominated her actions in connection with her business and with her career.