Reuter v. MacalAnnotate this Case
After plaintiff executed a deed granting defendant a joint interest in his condominium, plaintiff filed suit years later seeking quiet title to the condominium in his favor. Plaintiff argued, among other things, that the deed should be rescinded under Civil Code section 1590 as a gift made in contemplation of marriage. The trial court ruled in favor of plaintiff on the quiet title claim and entered judgment requiring defendant to reconvey title.
In the published portion of this opinion, the Court of Appeal held that the tolling rule in Muktarian v. Barmby (1965) 63 Cal.2d 558, 560, applies to defendant's statute of limitations defense and applies in the context of plaintiff's claim for relief under section 1590. The court explained that, as long as plaintiff enjoyed possession of the condominium and defendant did not press her adverse claim against him in a manner that threatened or disturbed that possession, no statute of limitations began to run. That plaintiff's theory of relief at trial was premised on section 1590 does not change the court's analysis of whether the Muktarian tolling rule applies to the quiet title claim under the facts of this case.