Gonzalez v. Riis

SHEPARD, J. In this action plaintiffs, through six separate alleged causes of action, seek to have it declared that they are the beneficial owners of a certain 10 acres of land described in the complaint as located in Carmel Valley, County of San Diego, State of California. By their first cause of action they set out a simple action to quiet title, alleging themselves to be owners in possession. By their second cause of action they allege a resulting trust on account of certain promises alleged to have been made by one William Wilson and Rosa Wilson, the record owners of the property, as a result of which plaintiffs took possession and made improvements in reliance thereon. As a third cause of action, they claim an express trust by reason of the same facts set forth in the second cause of action. By the fourth cause of action they claim a constructive trust, by reason of the same facts set forth in the second cause of action. By their fifth cause of action they claim a resulting trust by reason of the same facts set forth in the second cause of action. In their sixth cause of action they claim a completed gift by reason of the same facts set forth in the second cause of action. Upon completion of the trial, judgment was rendered in favor of defendants, and plaintiffs appeal.

Plaintiff Beatrice Gonzalez, in 1930, was the wife of Edward Polloreno, and the other plaintiffs are all the children of that marriage. Edward Polloreno was the nephew of Rosa Wilson while Beatrice, his wife, was apparently related to William Wilson, the husband of Rosa Wilson. William Wilson and Rosa Wilson were, in 1929, and for many years thereafter, the record owners of 121 acres of land, of which the 10 acres here in dispute was a part. On this 10-aere parcel there was then located a building formerly used as the Carmel Valley Club House. At that time the Pollorenos had one or two children but in the later years five or six more children were born of this marriage.

In general substance, the testimony produced by the plaintiffs was to the effect that about the year 1929 or 1930 [475]the Wilsons orally stated to the Pollorenos that they, the Wilsons, then and there made a gift to the Pollorenos and their children of the land on which the Carmel Valley Club House was located; that they told the Pollorenos to go on the land, improve it and care for it and that when the youngest of the Polloreno children became of age the Wilsons would deed it to the Pollorenos and their children. Plaintiffs’ evidence contains several versions and it is not clear exactly under what circumstances or when a deed was to be executed. Plaintiffs’ testimony further shows that the Pollorenos then moved onto the land in question • that their children (also plaintiffs herein) lived in the building, improved it, built some additions, put in partitions and paid taxes thereon; that Mr. Wilson died in 1942 and Rosa Wilson became the sole record owner; that in October, 1952, Rosa Wilson signed and deposited in escrow for delivery to plaintiffs a deed which, if it had been delivered, would have conveyed the property under dispute to these plaintiffs. However, as a condition of the delivery of this deed she instructed that the plaintiffs pay the escrow charges (which amounted to about $40). On April 27, 1953, the escrow charges not having been paid, she cancelled the escrow and recovered the deed. None of the plaintiffs ever signed the escrow, but did know of its existence and of the necessity of paying the escrow charges. Later, Mrs. Wilson deeded the property to her daughter Amelia G. Serrano, who thereafter sold the property to defendants Riis Brothers. Mrs. Serrano is also a defendant herein. She disclaims any interest in the property except to use it for the benefit of her mother. At one time, while Rosa Wilson was applying to the welfare department for a pension, both Mrs. "Wilson and Mrs. Serrano apparently made written statements that plaintiffs herein were the beneficial owners of this property.