Niems v. Niems
Plaintiff and appellant Kenneth Joel Niems appeals from a judgment entered against him following a bench trial on his action brought against defendants and respondents Kevin and Sydney Niems. After appellant executed a quitclaim deed in favor of his son, Kevin, he brought an action seeking cancellation of the deed and/or quiet title on the grounds of undue influence and fraud. In a detailed statement of decision, the trial court ruled that the evidence did not support appellants claims. Appellant contends that the trial court erred by disregarding testimony from his psychiatrist and by applying Evidence Code section 662, the latter of which he claims had the effect of improperly shifting the burden of proof and imposing on him the obligation to prove his claims by clear and convincing evidence. Court affirm.
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