Madero v. de Rieras

BURKE, P. J. These actions, consolidated for trial, involve a dispute between two sisters, Cenovia (Cenovia Gamboa Madero) and Julia (Julia Gamboa de Rieras), a parcel of real property held by them as joint Cenovia based her action on an oral agreement with Julia whereby Julia agreed to sell to her all of her interest in the property for the sum of $3,500. In order to raise the money to pay off Julia’s interest in the property, the sisters negotiated a new loan on the property in the amount of $6,500 from the Union Federal Savings and Loan Association which was secured by a trust deed. Out of the proceeds of the loan, $3,061.55 was paid to retire an existing encumbrance. This amount, together with escrow charges being deducted from the face amount of the loan, left a balance of $3,194.35 which was made payable to the sisters jointly. As holders of the legal fee title to the property, both sisters executed the promissory note and the trust deed securing the new loan. I. J. de Rieras, Julia’s husband, also eo-signed the note. The check, representing the net proceeds from the escrow, was endorsed by Cenovia in favor of her sister who cashed the [452]cheek, crediting Cenovia with a payment of $3,100 for Julia’s interest in the property and paying the remaining $94.35 to Cenovia.

At the time of this division of the funds from proceeds of the escrow Julia executed the following instrument which she delivered to her sister:

“I promise to sign a quitclaim deed over to Cenovia Gamboa when the sum of $400.00 is paid to me in full for the property at 2814 Pasadena Avenue, Los Angeles 31, California.

[signed] Julia G. de Rieras (nee: Gamboa)” (Italics added.)

Thereafter Cenovia offered to pay Julia the $400 for the quitclaim deed promised but Julia reneged. Cenovia instituted action to compel specific performance and to quiet title to the property. Julia cross-complained seeking various forms of relief, and in addition filed her own separate action seeking partition of the property and other relief. After the filing of the lis pendens in the action instituted by Cenovia, Julia conveyed her interest in the property to her husband, I. J. de Rieras. His motion to intervene was granted and he filed a complaint in intervention.

Various appeals were taken by Julia and her husband from preliminary orders, which have since become moot because the principal action has been tried on its merits. The case was tried by the judge sitting without a jury, and while there was considerable conflict in the evidence the judge indicated in a memorandum decision that he resolved the conflict in favor of Cenovia.