McMillin v. Eare
Annotate this CaseThe Court of Appeal reversed in part and vacated in part in a dispute over ownership of two parcels of real property between wife, her husband, and the husband's mother. The court concluded that the trial court abused its discretion when it amended husband's mother's complaint to include a cause of action for breach of fiduciary duty. Therefore, the court reversed the judgment on the third cause of action. The court also concluded that the trial court erroneously determined that conditional delivery of the deed was valid. Accordingly, the court reversed the judgment on the causes of action for slander of title, quiet title, declaratory relief, and cancellation of deeds. Finally, the court concluded that the trial court's findings and orders interfered with issues under the jurisdiction of the family law court; the trial court did not err when it admitted impeachment evidence about wife's financial circumstances in 2009; and the trial court did not deprive wife of a fair trial by cutting off her trial time unexpectedly. The court remanded with instructions to the trial court to amend the language of the judgment to provide that its orders do not preclude wife from raising proper claims for community property interests, Epstein credits, Watts charges, or other similar claims in the family law court.
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