Holt v. Ravani

THE COURT.

This is an appeal from a judgment in favor of the plaintiff, Verna Holt, in an action on the common counts. The grounds of appeal are that the findings are not supported by the evidence and that the complaint does not state a cause of action. Neither of these grounds of appeal is sustainable.

The complaint alleged that on or about November 15, 1958, plaintiff transferred possession of a 1952 Cadillac convertible automobile of the reasonable value of $1,200, to the defendant, Ed Ravani, in consideration of the defendant’s oral promise to look after and supervise the management of the plaintiff’s tavern, “Jack’s Redwood Empire Club’’ in Laytonville. The defendant admitted the transfer of the car but denied the existence of any oral agreement, and maintained that the car was a gift.

The record amply supports the findings and the.

[215]

judgment. As usual in cases of this kind, the chief witnesses were the two parties. The credibility of the witnesses, as well as all the conflicts in the evidence, were the exclusive province of the trial court. Our power begins and ends with a determination whether substantial evidence supports the trial court’s determination

(Mills

v.

Kopf,

216 Cal.App.2d 780, 783 [31 Cal.Rptr. 80]). Plaintiff testified that after her husband’s death in 1957, she sought the advice of the defendant and his wife who had been her friends for about 15 years. Defendant orally promised to supervise the operation and management of Jack’s Redwood Empire Club, including the payment of bills, monthly inventories, and the payment of the $650 monthly rental to the plaintiff by the lessees. The uncontroverted evidence established that apart from the initial inventory, the defendant did not perform any of the services promised. When the' plaintiff repossessed the business in February 1959, she had received only one month’s rent; $3,000 of liquor inventory was missing, and the lessees had incurred other obligations totaling $6,000-$7,000. The evidence also established that the defendant had been instrumental in putting the plaintiff in contact with the lessees and in obtaining an attorney for her on a matter concerning the bar. Plaintiff demanded the return of the automobile, and defendant refused. We can only conclude that the evidence supports the finding that the plaintiff transferred the car to the defendant pursuant to the oral agreement.