20th Century Plumbing Co. v. Sfregola

Opinion

LEVITT, J.

*

This case involves which of two parties’ claim to real property has priority. 20th Century Plumbing Co., Inc., obtained and recorded a judgment against the owner on June 24, 1975. Michael Sfregola on December 18, 1975, recorded a deed of trust by the owner in

[853]

his favor, dated January 15, 1975. 20th Century levied on the property and it was sold at a sheriff’s sale on July 7, 1977, the sheriff’s deed being recorded on August 16, 1978. Sfregola purchased the property at a foreclosure sale on September 18, 1978. 20th Century brought a quiet title action and Sfregola cross-complained for quiet title, injunction and slander of title. The trial court quieted title in favor of 20th Century and awarded money damages for wrongfully withholding possession of the property.

Sfregola raises 15 points on appeal. However, the main and decisive issue is whether his unrecorded deed of trust, dated January 15, 1975, has priority over 20th Century’s judgment, recorded June 24, 1975.

Before reaching that issue, it is necessary to dispose of the contention raised by 20th Century there was no evidence introduced as to date of delivery of Sfregola’s deed of trust, and hence it could only be effective as of its recordation date of December 18, 1975. Civil Code section 1055 provides: “A grant deed duly executed is presumed to have been delivered at its date.” This presumption pertains only to the date, not to the fact of delivery

(Blackburn

v.

Drake

(1963) 211 Cal.App.2d 806, 812 [27 Cal.Rptr. 651]). However, possession of a deed by the grantee named therein is prima facie evidence of its delivery and hence gives rise to an inference the instrument was duly delivered

(Ward

v.

Dougherty

(1888) 75 Cal. 240, 242 [17 P. 193];