Anguiano v. Anguiano CA4/1

Filed 4/19/21 Anguiano v. Anguiano CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

ROSA ANGUIANO, as Trustee, etc., D077182

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2018- 00052556-PR-TR-CTL) ARMANDO T. ANGUIANO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Robert C. Longstreth, Judge. Affirmed. Armando T. Anguiano, in pro per; Arizmendi Law Firm and Ruben F. Arizmendi, for Defendant and Appellant. William J. Freed, for Plaintiff and Respondent.

Armando T. Anguiano challenges a judgment granting a petition filed by his ex-wife, Rosa Anguiano, to remove him as co-trustee of their family trust, appoint Rosa as sole trustee, terminate the trust, and distribute its

assets to her.1 Armando raises several claims of error. As explained below we reject Armando’s arguments and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND

Rosa and Armando were married and had two children together.2 They ended their marriage and a judgment of dissolution was filed on August 18, 2010. The judgment was entered after the parties, who were both represented by counsel, reached a mediated settlement. In 2003, prior to the dissolution of their marriage, the parties created a revocable trust and transferred two real properties from joint tenancy to the trust. The settlement judgment in the dissolution proceeding awarded Armando the two real properties as his separate property and ordered him to pay Rosa an equalizing payment of $763,000. The judgment required Armando to pay $600,000 to Rosa upon the trial court’s signature on the judgment and Rosa’s signature on an interspousal transfer deed transferring the properties to Armando as his sole property. Rosa signed the transfer deeds. However, Armando failed to make the equalizing payment and the properties were never transferred from the trust to him. In 2017, Rosa obtained a writ of execution to collect the dissolution judgment she was owed. By that time, with interest, the award had grown to $1,162,119. During the same time period, Armando failed to pay property taxes on the two properties he was awarded by the judgment. As a result, the properties were sold at auction by the San Diego County Tax Collector for payment of back taxes. On September 24, 2018, the County notified the