Crisci v. Sorce

WOOD (Fred B.), J. This is a suit by Rosina Crisci, individually and as executrix of the will of Giovanni Crisci, against her son Joseph Sorce and his wife Maria, to quiet title to certain real property. It was tried at the same time as Sorci v. Crisci, No. 16950, ante, p. 90 [309 P.2d 937] this day decided, but involves a different piece of realty.

(1) Here, as in that case, the principal question is whether or not the trial court committed am, atuse of discretion in refusing a continuance at the request of Joseph, to enable him to obtain an attorney. The facts concerning this are substantially the same as there,* a history of delays and continuances. We find no abuse of discretion.

(2) The findings are supported ty evidence that the property was deeded to Rosina and her husband, that Rosina paid for it with her own money, that Joseph gave her no money for its purchase, that she had been in continuous possession and acted as owner, paying taxes and insurance and collecting rents, ever since its purchase.

Joseph and wife argue that Rosina’s testimony is incredible and that they were not accorded an opportunity to demonstrate its incredibility. By this they seem to mean that [98]some kind of records should have been produced, as the best evidence, instead of permitting Rosina to testify that she paid the purchase price money. We know of no such" rule of evidence. Rosina’s oral testimony was quite competent.

Moreover, Joseph testified that he gave his mother the money to buy that property and not until the filing of this suit (a good many years later) did he make any claim to it. That would furnish a basis for a presumption that he intended the property to be a gift to his mother. (Elliott v. Merchants Bank etc. Co., 21 Cal.App. 536, 541 [132 P. 280]; 25 Cal.Jur. 193, Trusts, § 60.)

(3) Was Joseph denied the right of cross-examination? No.

When direct examination came to an end the court asked Joseph if he wanted to ask his mother any questions, whereupon the following ensued: “Mb. Sobce: Well, proof she paid the money for the house, at the time she bought this property. The Coubt : She has got a deed. She has presented a deed which says the property is hers. Mb. Sobce: The husband didn’t have anything to do with the original deal. The Coubt: The deed is on file here. Mb. Sobce: Well, I know. The Coubt : All right, you can step down. I don’t presume he has any questions. You step forward, Mr. Sorce.” Thereupon, Joseph was sworn and testified. We do not perceive in that a request for and denial of cross-examination, especially in view of the fact that Rosina later returned to the stand and Joseph cross-examined her to the full extent, apparently, that he desired.