Jackson v. Anderson
Filed 9/19/06 Jackson v. Anderson CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
| HELEN BATTLES JACKSON, Plaintiff and Appellant, v. PAUL ANDERSON et al., Defendants and Respondents. | B182619 (Los Angeles County Super. Ct. No. TC016404) |
APPEAL from a judgment of the Superior Court of Los Angeles County, William Barry, Judge. Affirmed.
Law Office of Donald A. Brooks and Donald A. Brooks for Plaintiff and Appellant.
Law Offices of James A. Rainboldt and James A. Rainboldt for Defendants and Respondents.
A year before he died, Amos Jackson (decedent) transferred several parcels of real property from his trust to defendants Paul Anderson, Loretta Anderson, and Lana Nichols (defendants). After decedent's death, his wife, plaintiff Helen Battles Jackson (plaintiff), brought the present action to void the transfers, asserting that decedent was not competent to make them and that title was not transferred in the manner required by the trust. The trial court granted a nonsuit on the issue of decedent's competence; it subsequently denied plaintiff's motion for a directed verdict on the question of the method of transfer. Plaintiff appeals from the resulting judgment, and we affirm.
FACTS AND PROCEDURAL HISTORY
On October 13, 2001, decedent transferred six parcels of real property (the properties) from the Amos Jackson Revocable Living Trust (the trust), of which decedent was settlor and trustee, to defendants through two deeds of gift. Decedent died the next year, on October 23, 2002.
Plaintiff became trustee of the trust upon decedent's death. In that capacity, she filed the present action to quiet title to the properties on October 29, 2002.[1] Plaintiff claims that decedent was incompetent when he transferred the properties to defendants (Prob. Code, § 811); she further claims that the transfers are void because they were signed by decedent in his individual capacity, not as trustee, and because they were not properly delivered.
The case was tried December 6-10, 2004. After plaintiff rested, defendants moved for a nonsuit, contending that there was no evidence that decedent was incompetent when he signed the deeds. Plaintiff opposed the motion, arguing that there was evidence that by late 2001 decedent â€
