Judge: Linda S. Marks, Case: 2023-01316852, Date: 2023-07-24 Tentative Ruling

Motion for Order of Reformation of Deed filed by Lori Tribble on 4/21/23

Petitioner Lori Tribble in her Capacity as Trustee of The Leukanech Revocable Living Trust, Under Instrument Dated May 16, 2006 (“Petitioner”) moves for an order reforming the Quitclaim Deed that was recorded on May 18, 2006, with respect to real property located at 614 E. Hoover Avenue, Orange, CA 92867, in the Orange County Recorders’ Office, as Document #2006000336584 to set forth the true intent of the Trustors, and to correct the Legal Description which is: Lot 17 of Tract 2885, in the City of Orange, as per map recorded in Book 113, page 50 of Miscellaneous Maps, in the office of the County Recorder of said Orange County.

Petitioner relies on Civil Code section 3399. “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.” (Civ. Code, § 3399.)

Diane L. Mancinelli represented the original Trustors, Petitioner’s parents, in creating The Leukanech Revocable Living Trust and preparing the Quitclaim Deed to transfer the property to the Trust. (Declaration of Diane L. Mancinelli, ¶ 3.) The Quitclaim Deed was recorded on May 18, 2006. (Ibid.) She realized the mistake in the Legal Description of the property and prepared a revised Quitclaim Deed with the correction. (Id. ¶ 4.) The Trustors signed the revised Quitclaim Deed and their signatures were notarized. (Ibid.) The revised Quitclaim Deed was mailed but never recorded. (Ibid.)

The original Trustors have both passed away and Petitioner is the Successor Trustee. (Declaration of Lori A. Tribble, ¶ 3.) She has attempted to administer the estate by transferring the property to the Trustor’s beneficiaries but has been unable to do so because of the incorrect Legal Description. (Id. ¶ 4.)

The Court agrees that reformation appears to be proper based on the evidence presented. However, it is unclear whether the Court is authorized to reform the Quitclaim Deed upon a motion such as this. None of the authorities cited by Petitioner firmly establish such authority. Moreover, the motion has not been served on any interested party or parties. The Court notes that the Petition itself does not name any respondents, possibly due to the fact that there are no persons or entities that seek to prevent reformation. However, if the transfer to the Trust was ineffective and the Trustors still owned the property at their time of death, the property must have been passed on to certain unknown inheritors who may need to be named as at least nominal respondents to this action. Petitioner has not addressed these issues in her motion.

Tentative Ruling: The Motion is DENIED without prejudice.