George v. Williams CA2/6

Filed 1/18/22 George v. Williams CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

ELIZABETH L. GEORGE, 2d Civil No. B309218 Individually and as Trustee, (Super. Ct. No. 56-2019- etc., 00535384-CU-BC-VTA) (Ventura County) Plaintiff and Respondent,

v.

JOHN WILLIAMS et al.,

Defendants and Appellants.

Petrie and John Williams (the Williamses)1 appeal from (1) the order denying their motions to set aside their default, and (2) the interlocutory judgment for partition of real property by sale. (Code Civ. Proc., § 904.1, subd. (a)(2) & (9).)2

1 We refer to Petrie and John Williams by their first names for ease of identification. No disrespect is intended.

2 Subsequent undesignated statutory references are to the Code of Civil Procedure.

They contend the trial court: (1) violated their due process rights when it entered a default judgment against them, and (2) failed to properly establish the interest of each co-owner. We affirm. FACTUAL AND PROCEDURAL HISTORY In 2016, the Williamses asked Elizabeth George to help them purchase a single-family home in Ojai. They entered a written contract in which George agreed to loan them the funds for a down payment in the amount of $63,750. The Williamses agreed to pay interest only of seven percent for the first 12 months and 10 percent thereafter, plus a $1,725 “bonus” for “pain and suffering.” As provided in the contract, George made the down payment and purchased the property in her own name. She obtained a loan from a commercial lender for the balance, secured by a deed of trust. She then recorded a deed transferring a 99 percent interest to herself as trustee of the Elizabeth L. George Revocable Trust dated November 23, 1994, and one percent to Petrie, as tenants in common. They anticipated that Petrie would refinance the property and ultimately obtain ownership. The Williamses paid only a portion of the interest due. They failed to make some of the mortgage payments, forcing George to make them. They did not repay any of the down payment or refinance the loan. George paid for needed repairs to the property. In September 2019, Petrie recorded a deed transferring her one percent interest to herself, John, and George, as tenants in common. In October 2019, both individually and as trustee, George filed a complaint against the Williamses for partition, breach of contract, and breach of the implied covenant of good