Sommer v. Brave

















Filed 8/20/12 Sommer v. Brave CA4/1

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>NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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






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KATHLEEN SOMMER, Plaintiff and Appellant, v. GEORGINE F. BRAVE et al., Defendants and Respondents.

D058476 (Super. Ct. No. 37-2009-00099705- CU-PN-CTL) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING >NO CHANGE IN JUDGMENT

THE COURT:

The opinion
filed July 30, 2012 is href="http://www.mcmillanlaw.com/">modified as follows:

Page 4,
third paragraph, beginning with the sentence following the citation to Civil
Code section 683.2, is modified as follows:
The deed expressly provided that Gloria, as a joint tenant, quitclaimed
her 50 percent interest to:
"William H. Moser and Gloria Moser, Husband and Wife, as Tenants in Common . . . ." (Italics added.); if Gloria had deeded it to herself alone, the result
would likely have been different, although Brave still disputes this.) Sommer assisted her mother by having the deed
recorded at the San Diego County Recorder's office on December 5, 2006, and she kept a copy.

That
portion will now read: The deed
expressly provided that Gloria, as a joint tenant, quitclaimed her interest
to: "William H. Moser and Gloria
Moser, Husband and Wife, as Tenants in
Common . . . ." (Italics
added.) Sommer assisted her mother by
having the deed recorded at the San Diego County Recorder's office on December 5, 2006, and she kept a
copy.

The
petition for rehearing is denied.

>THERE IS NO CHANGE IN JUDGMENT.







HUFFMAN, Acting P. J.