Wilson v. Benson CA6

Filed 12/8/14 Wilson v. Benson CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

LINNEA WILSON, as Trustee, etc., H038833 (Santa Cruz County Plaintiff and Appellant, Super. Ct. No. PR045408)

v.

JOHN BENSON et al.,

Defendants and Respondents.

Appellant Linnea Wilson’s petition to determine ownership of property and cancel a deed was dismissed on statute of limitations grounds by summary judgment. On appeal, she contends that the five-year limitations period under Code of Civil Procedure sections 318 and 3191 had never commenced to run because she retained legal title to the property as trustee of a trust. We agree and reverse the judgment.

I. Undisputed Facts Selda Benson (Selda) was the mother of two children, Linnea Wilson (Wilson) and John Benson (John). In June 2000, Selda executed a trust declaration creating a revocable living trust, appointed Wilson as the trustee of the trust, and transferred Selda’s

1 Subsequent statutory references are to the Code of Civil Procedure unless otherwise specified.

2 interest in her Aptos home (the property) into the trust. The trust declaration provided that Selda “may add property to the trust or remove property from the trust at any time.” The trust declaration also provided that, upon Selda’s death, the property in the trust was to be shared equally by Wilson and John. In June 2004, Selda executed a quitclaim deed transferring her interest in the property to John, his wife Carolyn Benson (Carolyn), and herself as equal joint tenants. This deed was recorded in June 2004. At the same time, Selda executed a will leaving all of her personal property to Wilson. Selda shortly thereafter moved to Florida where John and Carolyn resided. Wilson learned of the quitclaim deed no later than May 2005. In 2005, John obtained a guardianship over Selda’s person and property due to her incapacity. Selda continued to pay the property taxes on the property until she died in 2008. In 2011, Selda’s personal property was distributed to Wilson under Selda’s 2004 will. John and Carolyn have remained in Florida from 2004 to the present.