Judge Christian R. Gullon, Case Number: 19PSCV00837, Date: 2025-03-25 Tentative Ruling

Judge: Christian R. Gullon, Case: 19PSCV00837, Date: 2025-03-25 Tentative Ruling

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Case Number: 19PSCV00837 Hearing Date: March 25, 2025 Dept: O

Tentative Ruling

MOTION TO ASSIGN THE CLERK OF THE COURT TO EXECUTE QUITCLAIM DEED ON BEHALF OF MIGUEL SAUCEDO is GRANTED; the court requests that Plaintiff file a proposed order.

Background

This is a quiet title case. Plaintiff Gloria Saucedo (“Plaintiff”) alleges as follows: In August 1993, Plaintiff and her husband, Juvencio R. Saucedo (“Juvencio”), purchased the real property located at 165 West Devanah Street, Covina, CA 91724 (“subject property”) with community property funds. At the time of the purchase of the subject property Plaintiff purportedly executed a Quit Claim Deed to Juvencio and real property title was taken in the name of Juvencio and Miguel Saucedo (“Miguel”) as joint tenants. Miguel is Juvencio’s brother. Miguel’s name was added to the title in order to help Juvencio qualify for a loan. Since the date of purchase, Plaintiff and Juvencio made all of the monthly mortgage payments, property tax payments and homeowners insurance payments with community property funds and without contribution from any other individual. Juvencio died on July 29, 2019. Sometime after Juvencio’s death, Miguel transferred title to the subject property to Joanna A. Saucedo (“Joanna”). (Joanna is Miguel’s niece to whom Miguel had quitclaimed the subject property.)

On September 16, 2019, Plaintiff filed a complaint, asserting causes of action against Miguel, Joanna and Does 1-10 for:

Quiet Title
Cancellation of Written Instruments
Set Aside Transfer Without the Written Consent of Plaintiff
Declaratory Relief

On November 5, 2019, Joanna’s default was entered.

On November 5, 2020, Joanna’s motion to set aside the default was denied (as untimely).

On July 14, 2021, as provided in the instant motion, Miguel and Gloria entered into a settlement agreement. (Motion, Ex. 1.)

On November 3, 2021, Plaintiff dismissed “All Defendants including Does except Joanna A. Saucedo.”

On March 15, 2021, the court called the matter for a prove up hearing. According to the minute order, “The Court tentatively grants judgment in favor of plaintiff against defendant. Counsel for Plaintiff is to prepare and submit a proposed Judgment for the Court to sign on or before the next court date.”

On July 21, 2022, the court entered judgment. The signed judgment provides that title in and to the real property commonly known as 165 W. Devanah Street, Covina, California APN: 8407-009-021 is quieted and that plaintiff, GLORIA SAUCEDO, is the sole owner of the subject real property; That the purported Quit Claim Deed executed by GLORIA SAUCEDO in favor of JUVENCIO SAUCEDO, recorded as Instrument No. 93-1628242 is declared null and void; That defendant JOANNA A. SAUCEDO is ordered to deliver the alleged Quit Claim Deed from defendant MIGUEL SAUCEDO to JOANNA A. SAUCEDO, recorded as instrument No. 20190966338, forthwith to the Clerk of the Los Angeles Superior Court for cancellation; and that That the subject real property was the community property of GLORIA SAUCEDO and JUVENCIO SAUCEDO and that the transfer between JUVENCIO SAUCEDO and MIGUEL SAUCEDO, recorded as Instrument No, 93-1628242, was done without GLORIA SAUCEDO’s written consent and is therefore invalid.

On January 31, 2025, Gloria filed the instant motion.

Discussion

Plaintiff brings forth the motion pursuant to the court’s inherent powers to compel obedience with its orders pursuant to California Code of Civil Procedure § 128(a)(4). More specifically, Plaintiff seeks the appointment of an elisor as Miguel refuses to sign over the property despite the signed settlement agreement and is refusing to return the seven thousand dollars ($7,000) paid by Plaintiff. (See Motion p. 3, citing Blueberry Properties, LLC v. Chow (2014) 230 Cal.App.4th 1017.) “[A]n elisor is a person appointed by the court to perform functions like the execution of a deed or document. [internal citation omitted]. A court typically appoints an elisor to sign documents on behalf of a recalcitrant party in order to effectuate its judgments or orders, where the party refuses to execute such documents.” (Id. at p. 1020.) In Blueberry Properties, LLC, the parties entered into a settlement agreement where the defendant agreed to transfer her property to the plaintiff. After the defendant failed to comply with the court's judgment and the settlement agreement by refusing to execute escrow documents, the appellate court held that the trial court properly exercised its power under CCP section 128, subdivision (a)(4) to appoint the clerk as an elisor. (Id. at p. 1021.)

Here, there is a similar situation. The settlement provides that Miguel “shall execute a quitclaim Deed transferring any and all of his interest in the real property located at [the subject property], to Plaintiff, Gloria Saucedo, upon the payment of the $7,000 and the removal of Defendant, Miguel Saucedo, from the mortgage on the real property…Plaintiff…shall file a dismissal with prejudice as against Defendant, Miguel Saucedo, within five (5) days of Miguel Saucedo’s execution of the Quitclaim Deed. The Quitclaim Deed is not to be recorded until payment of $7,000 is made and the removal of Miguel Saucedo from the mortgage.” (Motion, Ex. 1, pp. 9-10 of 35 of PDF.) The settlement provides that the trial court (not the MSC Judge) will retain jurisdiction pursuant to CCP section 664.6 to enforce the agreement.

Conclusion

Based on the foregoing, as Miguel has failed to execute a quitclaim deed despite being paid $7,000, the court GRANTS Plaintiff’s request that the court to enforce the 7/14/21 settlement agreement by appointing an elisor to sign the quitclaim deed and supporting transfer documents on Miguel Saucedo’s behalf.