People v. Carson

BROWN (Gerald), P. J.

Defendant Milton Carson appeals a judgment of conviction by a jury of forgery (Pen. Code, § 470). He was placed on probation on certain conditions. The issues on appeal involve evidentiary rulings, instructions and sufficiency of the evidence.

Defendant sold Mr. and Mrs. Harris an aluminum siding installation for their home. The Harrises signed a document entitled “Proposal”, which sets forth in large print the details of the work and materials to be furnished, the price, and monthly payments. Near the beginning of much small print the “Proposal” states that upon completion of the work, the owner agrees to execute and deliver a note “in accordance with his obligation and a completion certificate as requested by the contractor. ’ ’

Six weeks later when the work was nearly completed, defendant and his employer, Jerry Kaplan, went to the Harrises’ house and requested them to sign a sheaf of papers which appears to be similar to that described in

Buck

v.

Superior Court,

232 Cal.App.2d 153, 156 [42 Cal.Rptr. 527] — three copies, separated by carbon paper, of a document entitled ‘ ‘Do Not Record . Lien Contract, ’ ’ buried in the fine

[479]

print of which is the statement “In addition to any other right or remedy given to the holder hereof, the undersigned hereby grants to the holder hereof, a deed of trust to the above described real property as security for the faithful performance of his, her or their obligation under the contract.” At the bottom of the sheaf of papers was a deed of trust form.

Defendant told the Harrises that the sheaf of papers was a “job completion form” which had to be signed before he could receive the necessary funds to complete the installation. Defendant made no mention of a deed of trust. Except for the “total cash sale price” typed in, the Harrises signed the forms in blank. The “lien contract”, completed later, was assigned to Aluminum Acceptance Corporation, which recorded a trust deed encumbering the property in the amount of $4,446.12 (“total cash sale price” of $2,800 plus “time price differential” of $1,646.12), to be paid in monthly payments over a seven-year period.