What is an equitable reformation of trust?

Useful Rulings on Equitable Reformation of Trust

Recent Rulings on Equitable Reformation of Trust

JPMORGAN CHASE BANK, N.A. VS. JOSE LUIS TORRES, ET AL

The Court's ruling on reformation ("The Court will thus reform the Subject Deed of Trust to include both Jose and Leticia as parties, and grant Plaintiff an equitable lien over Leticia's one-half interest in the Property to apply the intent of the reformed Deed of Trust") negates such allegations and thus moots the L2XC. (July 06, 2020 minute order, p. 8.)

  • Hearing

IN RE THE THI JOHNSON FAMILY

To the extent that the settlor states that she thought that the two quitclaim deeds dated 5/23/07 transferred the RPs to the 1997 Trust, this allegation would be unhelpful once the Court finds the deeds null and void. It seems that what Petitioner should have requested is a reformation of the quitclaim deeds based on the settlor's declaration. In other words, the deeds were supposed to refer to the 1997 Trust as the transferee but referred to the 2006 Trust by mistake.

  • Hearing

  • Type

    Probate

  • Sub Type

    Trust

BANK OF AMERICA, N.A. VS OTIS E. COWLEY, JR., ET AL.

The Complaint asserts causes of action for: Declaratory Relief; and Reformation of Instruments. On January 24, 2020, default was entered as to Otis E. Cowley Jr. On February 26, 2020, the Court entered an Order on Stipulation re: Reformation of Instruments and Nonparticipation in this Case ordering that Defendant Secretary of Housing and Urban Development is not required to actively participate in this action and its lack of participation will not affect its interest in the Subject Property.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

MAHVASH MAZGANI VS HOFFMAN LA BREA LLC ET AL

Likewise, as the Court already noted in previous orders on Cross-Complainant’s previous motions, Cross-Complainant has long had the trust documents supposedly showing a sham transfer (Motion at pp. 5-6) and attached those documents to briefs filed in past years. They are not new evidence discovered in the bankruptcy court. Third, the motion states that Cross-Complainant seeks to add a cause of action for reformation to be named as a beneficiary.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Quiet Title

DITECH FINANCIAL LLC V. MONIQUE MCTEER

TENTATIVE RULING On March 28, 2018, Ditech Financial, LLC (“Ditech”) filed this action against Monique McTeer (“McTeer”) for reformation of legal description and assessor’s parcel number in deed of trust, and declaratory relief. Ditech’s complaint seeks to reform a deed of trust securing a loan taken out by McTeer to refinance her preschool business property located in Templeton.

  • Hearing

IN RE THE MARGARETE AND SIDNEY WILSON FAMILY TRUST

Hearing: Petition for Reformation of Trust ****************** The court intends to refer the parties to mediation. If not, then set for evidentiary hearing regarding the intent of the settlors per the petition. Proposed Order to be lodged prior to hearing per Local Rule 10.00.D.1. __________________ The court discourages in-person appearances in Department J6 during the COVID-19 pandemic period. Appearances in Department J6 should be made by CourtCall (audio or video) whenever possible.

  • Hearing

  • Type

    Probate

  • Sub Type

    Trust

LORENZO CACCIALANZA VS MARISELA NUNO, ET AL.

Defendant has also not brought authority or argument that this contradiction would bar Plaintiff from stating a claim for reformation seeking reformation of the Quitclaim Deed. The court does not sustain demurrer on Defendant’s second grounds.

  • Hearing

ADAMS ANTIOCH VS WALKER

Fifth Cause of Action: Reformation Plaintiff seeks to “reform” the quitclaim deed, asserting that the City and the grantees actually intended something different from what the City granted. The argument fails. Plaintiff has no standing to reform the quitclaim deed, as it was not a party to deed. “Civil Code section 3399 allows reformation of a contract when, through mistake, it fails to express the true agreement of the parties.

  • Hearing

IN RE THE MATTER OF THE JOHN W. HAMILTON TRUST

No evidence has been presented that supports the claim that the settlor made a mistake in creating an irrevocable trust, nor whether he was advised regarding the advantages or disadvantages of creating an irrevocable trust versus a revocable trust. The language of the trust is not ambiguous which would support a reformation of the trust per the holding in Ike v. Doolittle (1998) 61 Cal.App.4th 51.

  • Hearing

ALPENGLOW VS COACHILLIN HEARING RE: MOTION TO/FOR COMPEL ARBITRATION AND STAY PROCEEDINGS BY COACHILLIN HOLDINGSLLC, KENNETH DICKERSON, INDIAN CANYON & 18TH PROPERTY OWNERS, KIRSTEN DICKERSON, KATHERINE DICKERSON

This complaint for: (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) breach of fiduciary duty, (4) breach of fiduciary duty, (5) breach of the CC&Rs of Indian Canyon & 18th Property Owners Association, (6) real estate seller's nondisclosure, (7) intentional misrepresentation, (8) negligent misrepresentation, (9) reformation, (10) declaratory relief, and (11) injunction are based on and/or arise out of the Plaintiff Alpenglow Management Group LLC, Brightside Estate Holdings

  • Hearing

MATTER OF SEAN PETER CONNOLLY IRREVOCABLE TRUST

Nature of Proceedings: Petition for Reformation of Trust Absent objection, the matter will be approved.

  • Hearing

MATTER OF SEAN PETER CONNOLLY IRREVOCABLE TRUST

Nature of Proceedings: Petition for Reformation of Trust

  • Hearing

BRUCE EMERSON, ET AL. VS LOS ANGELES COUNTY EMPLOYEES RETIREMENT ASSOCIATION

If the written instrument conforms to the parties’ understanding, there is no basis for reformation. See Lemoge Electric v. San Mateo, (1956) 46 Cal.2d 659 (reformation of contract not available for bid for electrical work which both parties knew was $11,000 too low). While mutual mistake is available to reform a contract under Civil Code section 3399, Petitioners’ evidence is weak.

  • Hearing

  • Type

    Administrative

  • Sub Type

    Writ

DAVID COLIN VS ANA GABRIELA CHAMALE, ET AL.

Plaintiff’s claims for partition, breach of contract, of the covenant of good faith, breach of written contract, reformation, and declaratory relief depend upon these inadequate allegations, and accordingly fail. The demurrer is SUSTAINED as to the second through seventh causes of action, with leave to amend.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

DCR MORTGAGE 7 SUB 2, LLC, VS NORTH AMERICAN TITLE INSURANCE COMPANY,, ET AL.

The complaint alleges eleven causes of action for (1) Breach of Contract, (2) Negligence, (3) Breach of Fiduciary Duties, (4) Negligent Misrepresentation, (5) Fraud by Concealment, (6) Breach of Insurance Contract, (7) Breach of the Implied Covenant of Good Faith and Fair Dealing, (8) Violation of Penal Code § 496, (9) Reformation of Contract based on Mistake of Fact, (10) Reformation of Contract based on Mutual Mistake of Fact, and (11) Reformation of Contract based on Fraud.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS ARSEN STEPANYAN, ET AL.

Hollender (1951) 38 Cal.2d 73, 84: This case was an action for reformation of a policy, not declaratory relief. (Id. at 76). None of these cases stand for the proposition that, while an underlying action is not pending involving an insured that challenges the provisions of a policy, declaratory relief is proper. Instead, as alleged, the court finds that only “potential” future disputes exist, the kind of speculation the USAA case counseled against. (USAA, supra, at 966.)

  • Hearing

IN RE THE MARGARETE AND SIDNEY WILSON FAMILY TRUST

Venue: This trust and the purported First Modification of Trust were executed in Santa Barbara County. The trust property is located in Santa Barbara and Riverside Counties. Petitioner states the trustee resides in Ventura County, however she also alleges the trustee has leased trust property located in Riverside County herself and that this may be where the trustee resides based on that.

  • Hearing

  • Type

    Probate

  • Sub Type

    Trust

IN RE THE MARGARETE AND SIDNEY WILSON FAMILY TRUST

Venue: This trust and the purported First Modification of Trust were executed in Santa Barbara County. The trust property is located in Santa Barbara and Riverside Counties. Petitioner states the trustee resides in Ventura County, however she also alleges the trustee has leased trust property located in Riverside County herself and that this may be where the trustee resides based on that.

  • Hearing

  • Type

    Probate

  • Sub Type

    Trust

FRANK MCHUGH VS ADAM GREENFIELD, ET AL.

On June 18, 2020, Adam Greenfield filed a first amended cross-complaint (“FACC”) against Frank McHugh for (1) beach of contact; and (2) reformation of deed of trust, seeking damages in the amount of $1,000,000.00. Adam L. Greenfield alleges that on or about July 1, 2015, Frank McHugh breached the settlement agreement by “failing to timely execute and record three Grant Deeds to Cross-Complainant’s three (3) Atlantic Blvd properties and reconvey his $1,200,000 Deed of Trust recorded against 6030 S.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

FRANK MCHUGH VS ADAM GREENFIELD, ET AL.

On June 18, 2020, Adam Greenfield filed a first amended cross-complaint (“FACC”) against Frank McHugh for (1) beach of contact; and (2) reformation of deed of trust, seeking damages in the amount of $1,000,000.00. Adam L. Greenfield alleges that on or about July 1, 2015, Frank McHugh breached the settlement agreement by “failing to timely execute and record three Grant Deeds to Cross-Complainant’s three (3) Atlantic Blvd properties and reconvey his $1,200,000 Deed of Trust recorded against 6030 S.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JACLYN PRECIADO TRUSTEE OF THE MARAZITI FAMILY EST 11/19/2011 VS. WILMINGTON TRUST NATIONAL ASSOCIATION

The judgment of reformation merely changes the name of the grantee; the deed remains subject to any liens that may ultimately be on the property. The court cannot declare the reformed deed is void or that plaintiff is a stranger to title.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

ALPENGLOW VS COACHILLIN HEARING RE: MOTION TO/FOR COMPEL ARBITRATION AND STAY PROCEEDINGS BY COACHILLIN HOLDINGSLLC, KENNETH DICKERSON, INDIAN CANYON & 18TH PROPERTY OWNERS, KIRSTEN DICKERSON, KATHERINE DICKERSON

Exclusions from this arbitration agreement are specified in paragraph 28C. 1) EXCLUSIONS: The following matters are excluded from mediation and arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code & 2985;... CC&Rs adopted after the lots were purchased also provide express agreements for dispute resolution procedures.

  • Hearing

JENNIFER PERSONIUS VS SPECIALIZED LOAN SERVICING LLC

The causes of action asserted are 1) breach of contract; 2) breach of implied covenant of good faith and fair dealing; 3) unfair competition / business practices; and 4) reformation. SLS filed an Anti-SLAPP motion as to the reformation cause of action, which the Court denied. On 6/12/19, Plaintiff named HSBC Bank, USA, National Association as Trustee for Holders of the Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, mortgage Pass-Through Certificates Series 2007-OA4 (“HSBC”) as DOE 1.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Foreclosure

JENNIFER LECHTER VS JOSEPH LAM, ET AL.

contract Usury Reformation of Ben Jewelry Promissory Note and Deed of Trust Declaratory Relief On June 4, 2020, the Court granted Lam’s Ex Parte Application for a Temporary Restraining Order Enjoining the Non-Judicial Foreclosure and for an Order to Show Cause as to Why a Preliminary Injunction Should Not be Granted.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

FRANK MCHUGH VS ADAM GREENFIELD, ET AL.

Second Cause of Action: Reformation of Deed of Trust Cross-Defendant argues that the cause of action for reformation fails as a matter of law because it is also barred by res judicata/ collateral estoppel. (Demurrer, p. 11:3-4.) Cross-Defendant maintains that “Greenfield raised this claim in his October 1, 2018 Declaration, and McHugh countered these allegations in his October 2, 2018 Objections.” (Id. at p. 11:4-5.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

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