Judge: Craig Griffin, Case: Ciotta v. Miller, Date: 2022-10-10 Tentative Ruling

Defendant Richard A. Miller moves for an order to reform the short form deed of trust and assignment of rents recorded by him on Sept. 10, 1993 for the real property located at 16181 Kipling Circle, Westminster to correct a scrivener’s error in the deed of trust.   

Moving defendant cites Civil Code section 3399 as authority for the relief sought.  That section provides: 

When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express that intention, so far as it can be done without prejudice to rights acquired by third persons, in good faith and for value.

Moving defendant attests that the deed of trust, which secures a promissory note by the former husband of plaintiff April Lee Ciotta and encumbers real property that now belongs solely to her, was “prepared” by his office and gives an incorrect tract number.  He also attests that the incorrect tract number in the deed of trust was picked up and used in subsequent documents affecting the real property. 

Although moving defendant has attested that the error was on his part, he has not shown that correcting the error will not prejudice third parties.  Specifically, whether reformation at this point will prejudice the plaintiff’s claim of being a BFP without notice has not been addressed.  Accordingly, the motion is DENIED without prejudice, and may be addressed again at the time of trial.

Plaintiff to give notice.