Cheung v. Cheung-Wick CA2/6

Filed 7/28/15 Cheung v. Cheung-Wick CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

JIMMY YIU BING CHEUNG, 2d Civil No. B254254 (Super. Ct. No. CV128198-Lead Plaintiff, Cross-defendant and Consolidated with LC128949) Appellant, (San Luis Obispo County)

v.

NANCY CHEUNG-WICK et al.,

Defendants, Cross-complainants and Respondents,

STEPHEN YUNG,

Cross-defendant and Appellant;

KWAI GUI YING CHEUNG,

Appellant.

This is a dispute among family members over the home of their deceased mother. Mother conveyed the home to her son. Later, the son reconveyed the home to the mother. Mother left the home to a daughter in her will. After mother died, the son sued the daughter and another sister to rescind the deed from the son to the mother and to quiet his title to the house. The daughter and sister

cross-complained against the son and brother-in-law for fraud and damages. The trial court found for the daughter and sister on the complaint and for the son and brother-in-law on the cross-complaint. The son and brother-in-law appeal. We remand for an award of costs to the brother-in-law as the prevailing party on the cross-complaint. In all other respects we affirm. FACTS Fook Yeung Cheung (Ms. Cheung) owned a single family residence on Bella Vista Avenue in Atascadero. Mrs. Cheung had six children: Jimmy, Nancy, Mary, Helen, Lois and Solomon. Jimmy is married to Kwai Gui Ying (Gui Ying) and Helen is married to Stephen.1 Mrs. Cheung lived in the residence with Jimmy and his wife since 2003. Jimmy's income was insufficient to service the existing mortgage on the house. In 2005, Jimmy, Helen, Mary and Nancy agreed to each contribute $350 per month to support Mrs. Cheung. The money would be deposited in Mary's bank account; she would make the mortgage payments. Jimmy and his wife would continue to live in the house and assist Mrs. Cheung in her declining years. 2007 Will and Deed from Mrs. Cheung to Jimmy In June 2007, Mrs. Cheung, Jimmy, Helen and Stephen met with attorney Betty Sanders. Stephen presented Sanders with a form will for Mrs. Cheung. In the will, Mrs. Cheung left the house to Jimmy. Sanders determined the form will was adequate and it was executed by Mrs. Cheung and witnessed in Sanders' office. Mrs. Cheung also executed a deed conveying her house to Jimmy subject to a life estate in herself.