Penrock v. Lugo Land Corp.
William Penrock, appointed special administrator of the Estate of Michael Prevost, appeals an order denying his Probate Code section 850[1] petition seeking transfer of title to real property (the Crockett property) from its purchaser, Lugo Land Corporation (Lugo), to the Prevost Estate. Prevosts joint venture contract with Lugo gave Prevost only a possible expectation of a portion of future profits when the contract was completed and the Crockett property was sold. Therefore Prevost could not bring a section 850 petition because he did not have a claim to real property, title to or possession of which was held by another, and the trial court properly denied Prevosts petition. We reject Penrocks claim that by its orders denying Lugos two motions to expunge Penrocks lis pendens on the Crockett property, the trial court recognized Prevosts claim to the Crockett property. Court conclude that no error arose from the trial courts interpretation of the relief requested by Penrocks petition or from the trial courts refusal to grant equitable relief. Although Penrock claims that a constructive trust or a resulting trust should be imposed on Lugos ownership of the Crockett property, Penrock has not established the requirements for imposing either of these trusts. Finally, Court reject Lugos claim that this court should impose sanctions on Penrock for bringing an appeal that was frivolous because it was moot. Court affirm the order denying the section 850 petition.
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