Preview
Electronically FILED by
Superior Court of California,
HILDA GARZON-AYVAZIAN SBN 175294 County of Los Angeles
4/29/2024 12:33
118 East Huntington Drive, Suite C David W. Slayton,
Alhambra, CA 91801 Executive Officer/Clerk of Court,
By S. Ruiz, Deputy Clerk
(626) 282-9050 FAX: (626) 282-9055
garzonay@ sbcglobal.net
Attorney for Plaintiff ARMANDO GAMBOA
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF LOS ANGELES
) Case No. 245T C¥10655
ARMANDO GAMBOA, )
Plaintiff
) COMPLAINT FOR:
)
10
vs. 1, CANCELLATION OF WRITTEN
11 INSTRUMENT OR IN THE
12 PEDRO GAMBOA; MARTHA BACA; ALTERNATIVE: PARTITION FOR
DOES 1 through 10, Inclusive SALE OF REAL PROPERTY
13 Defendants ) 2. FRAUD
3. DECLARATORY RELIEF
14
4. ACCOUNTING
15
16
17
Plaintiff, ARMANDO GAMBOA hereby allege as follows:
18
1 Plaintiff ARMANDO GAMBOA, (Hereinafter “ARMANDO’), is at all times
19
20 hereinafter mentioned an individual residing in both Mexico and the State of California in
21 the County of Los Angeles.
22
2 Plaintiff currently owns as tenant in common with defendants PEDRO
23
GAMBOA (Plaintiff's brother, hereinafter “PEDRO”) and MARTHA BACA (Defendant's life
24
25 partner, hereinafter “MARTHA”), the real property located at 6324 Ruby Street, Los
26 Angeles, CA 90042. (Hereinafter
the “Subject Property”). Said property is legally
27
described as follows:
28
Lot2, Block 10 of Garvanza as per map recorded in Book 7, Page 85
29
-1-
COMPLAINT FOR CANCELLATION OF WRITTEN INTRUMENT OR PARTITION FOR
SALE OF REAL PROPERTY
of Miscellaneous records of the County of Los Angeles, per Grant Deed
dated April 18, 1960.
3. Defendants PEDRO and MARTHA are at all times herein mentioned,
individuals residing in the State of California in the County of Los Angeles.
4 On or about October 27, 2015, Plaintiff ARMANDO signed a Grant Deed
adding the Defendants on title to the property after they promised that Plaintiff and his
mother could reside in the converted garage when they came back to the United States
10
for as long as they lived. Up to that date, they had been renting the front house from
11 Plaintiff.
12 5 From 2015 until late 2022, both PEDRO and MARTHA abided by the
13
agreement. In late 2022, when ARMANDO’S and PEDRO’s mother was seriously ill in
14
the hospital, the Defendants took all of ARMANDO’s and his mother’s belonging from the
15
16 garage and put them out of the apartment in violation of the agreement they had reached
17 with ARMANDO. PEDRO and MARTHA then rented the garage out and continue to rent
18
it out to this day.
19
6 Plaintiff has attempted for the past year to resolve the controversy of the
20
21 ownership interest of the Defendants to the Subject Property. Both Defendants have
22 refused any discussion dealing with their interest in the property and have refused to
23
agree to a sale of the property.
24
7. Plaintiff is requesting that the property be placed on the market pending the
25
26 resolution of the ownership interest since the Defendants have been unable and/or
27 unwilling to pay Plaintiff any money for his current ownership interest.
28
29
-2-
COMPLAINT FOR CANCELLATION OF WRITTEN INTRUMENT OR PARTITION FOR
SALE OF REAL PROPERTY
FIRST CAUSE OF ACTION
(Cancellation of Written Instrument)
7 Plaintiff hereby incorporates paragraphs 1 through 6 of this Complaint as
though set forth hereinafter.
8 Plaintiff signed the Grant Deed in 2015 in favor of Defendants when they
agreed that Plaintiff and his mother could live in the converted garage for their life. If
Defendants had not agreed or if they had voiced their intent to only abide by the
agreement for a short period of time, then Plaintiff would not have signed the Grant Deed
10
giving Defendants an ownership interest in the property. Defendants paid no money for
11
receiving an ownership interest in the Subject Property other than the promise they made
12
13 to Plaintiff.
14 9. The Plaintiff is requesting that the Grant Deed of 2015 be cancelled since the
15
Defendants have failed to keep their end of the bargain. Plaintiff gave the Defendants an
16
ownership interest in the property but they ousted the Plaintiff and his mother out of the
17
18 converted garage without their consent or knowledge when Plaintiffs mother was ill in the
19 hospital.
20
SECOND CAUSE OF ACTION
21 (Partition by Sale of Real Property)
22 10. Plaintiff hereby incorporates paragraphs 1 through 9 of this Complaint as
23
though set forth hereinafter.
24
ale Plaintiff requests partition by sale of the real property as it is more feasible
25
26 than division in kind of the subject property because the subject property is owned in
27 tenancy in common with three individuals on title, and the property cannot be divided.
28
Furthermore, the Defendants have refused any overtures by the Plaintiff to buy out the
29
-3-
COMPLAINT FOR CANCELLATION OF WRITTEN INTRUMENT OR PARTITION FOR
SALE OF REAL PROPERTY
Plaintiff. Plaintiff seeks partition of the property as of the date of the filing of this
complaint.
12. This action is brought and partition sought hereinafter for the common benefit
of the parties to preserve and secure each of their respective interest and rights in the
subject property and Plaintiff has incurred and will incur costs of partition herein and for
reasonable attorney fees for the common benefit of the parties. Plaintiff will amend this
Complaint when the full amount of his attorney fees and costs are determined.
10
THIRD CAUSE OF ACTION
(Fraud)
11
13. Plaintiff hereby incorporates paragraphs 1 through 12 of this Complaint as
12
13 though set forth hereinafter.
14 14. On or around October 27, 2015, the Defendants promised Plaintiff that once
15
he granted them an ownership interest in the property, that Plaintiff and his mother could
16
reside in the converted garage when they came to California. They stated this knowing
17
18
full well that they would not keep their promise and did so only to induce Plaintiff to
19 believe in the promise so that they could obtain an ownership interest in the subject
20
property.
21
15. If Defendants had not made that promise to Plaintiff, he would not have given
22
them any interest in the subject property. Plaintiff was attempting to help his brother out
23
24 by giving him a stable home to live in but he did not realize that PEDRO and MARTHA
25 could not be trusted. Defendants took advantage of Plaintiffs goodwill towards his
26
brother to have Plaintiff give up the majority of his ownership interest to the Subject
27
Property.
28
29
-4-
COMPLAINT FOR CANCELLATION OF WRITTEN INTRUMENT OR PARTITION FOR
SALE OF REAL PROPERTY
16. Had Plaintiff become aware that the Defendants had no intention abiding by
the agreement once the property transfer was effectuated, he would not have transferred
over any interest of the property to the Defendants. Plaintiff believed the Defendants’
promise to his detriment.
FOURTH CAUSE OF ACTION
(Accounting)
17. Plaintiff hereby incorporate paragraphs 1-16 of this Complaint as though set
10
forth hereinafter.
11 17. Plaintiff is unaware of the exact amount owed to him by Defendants for
12 the rents collected. The information necessary to ascertain those amounts are strictly
13
within the control of Defendants. Accordingly, Plaintiff seeks an accounting of those
14
amounts. Defendants started renting the house from December of 2022 until the present.
15
16 WHEREFORE, Plaintiff prays for Judgment as follows:
17 1 For cancellation of the Grant Deed of October 27, 2015 or in the alternative for
18
partition by sale of the subject property and for distribution of the proceeds to the parties
19
in accordance with their ownership interest therein;
20
21 2 That the costs of partition and of this action including reasonable attorney fees
22 expended by the Plaintiff for the common benefit of the parties and expenses of referees
23
and other disbursements be ordered to be paid by the Defendants;
24
3. That Plaintiff be reimbursed by Defendants for any sums advanced in this
25
26 regard and that costs be included in and specified in the Judgment and become a lien on
27 the interest of the Defendant in the subject property;
28
29
5-
COMPLAINT FOR CANCELLATION OF WRITTEN INTRUMENT OR PARTITION FOR
SALE OF REAL PROPERTY
4 For a judicial determination of the rights and obligations of the parties and their
relationship to each other upon the division of the subject property;
5 For an Accounting of the rents received; and
6 For such other and further relief as this Court deems just and proper.
Dated: March 24, 2024 Respectfully submitted,
LAW OFFICE OF HILDA
GARZON-AYVAZIAN
10
11
Co.
HILDA GARZON-AYVAZIAN,
12 Attorney for Plaintiff,
13 ARMANDO GAMBOA
14
15
16
17
18
ag
20
21
22
23
24
25
26
27:
28
29
-6-
COMPLAINT FOR CANCELLATION OF WRITTEN INTRUMENT OR PARTITION FOR
SALE OF REAL PROPERTY
VERIFICATION
State of California )
)
County of Los Angeles )
Plaintiff ARMANDO GAMBOA hereby states:
| am the Plaintiff in the above-entitled action and make this Verification.
10
| have read the foregoing Complaint for Cancellation of Written Instrument or in
11
Alternative for Partition in Sale of Real Property Against Defendants and know the
12
13 Contents thereof, and the same is true of our own knowledge, except as to those
14 matters, which are stated on information and belief, and as to those matters, | believe
15
them to be true.
16
| declare under penalty of perjury under the laws of the State of California that
17
18
the foregoing is true and correct and this declaration is executed on March 24, 2024.
19
20
fy
2 14
Plaintiff, RMF 1O GAMBOA
22
23
24
25
26
27
28
29
“7s
COMPLAINT FOR CANCELLATION OF WRITTEN INTRUMENT OR PARTITION FOR
SALE OF REAL PROPERTY
Preview
Electronically FILED by Superior Court of California, HILDA GARZON-AYVAZIAN SBN 175294 County of Los Angeles 4/29/2024 12:33 118 East Huntington Drive, Suite C David W. Slayton, Alhambra, CA 91801 Executive Officer/Clerk of Court, By S. Ruiz, Deputy Clerk (626) 282-9050 FAX: (626) 282-9055 garzonay@ sbcglobal.net Attorney for Plaintiff ARMANDO GAMBOA SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES ) Case No. 245T C¥10655 ARMANDO GAMBOA, ) Plaintiff ) COMPLAINT FOR: ) 10 vs. 1, CANCELLATION OF WRITTEN 11 INSTRUMENT OR IN THE 12 PEDRO GAMBOA; MARTHA BACA; ALTERNATIVE: PARTITION FOR DOES 1 through 10, Inclusive SALE OF REAL PROPERTY 13 Defendants ) 2. FRAUD 3. DECLARATORY RELIEF 14 4. ACCOUNTING 15 16 17 Plaintiff, ARMANDO GAMBOA hereby allege as follows: 18 1 Plaintiff ARMANDO GAMBOA, (Hereinafter “ARMANDO’), is at all times 19 20 hereinafter mentioned an individual residing in both Mexico and the State of California in 21 the County of Los Angeles. 22 2 Plaintiff currently owns as tenant in common with defendants PEDRO 23 GAMBOA (Plaintiff's brother, hereinafter “PEDRO”) and MARTHA BACA (Defendant's life 24 25 partner, hereinafter “MARTHA”), the real property located at 6324 Ruby Street, Los 26 Angeles, CA 90042. (Hereinafter the “Subject Property”). Said property is legally 27 described as follows: 28 Lot2, Block 10 of Garvanza as per map recorded in Book 7, Page 85 29 -1- COMPLAINT FOR CANCELLATION OF WRITTEN INTRUMENT OR PARTITION FOR SALE OF REAL PROPERTY of Miscellaneous records of the County of Los Angeles, per Grant Deed dated April 18, 1960. 3. Defendants PEDRO and MARTHA are at all times herein mentioned, individuals residing in the State of California in the County of Los Angeles. 4 On or about October 27, 2015, Plaintiff ARMANDO signed a Grant Deed adding the Defendants on title to the property after they promised that Plaintiff and his mother could reside in the converted garage when they came back to the United States 10 for as long as they lived. Up to that date, they had been renting the front house from 11 Plaintiff. 12 5 From 2015 until late 2022, both PEDRO and MARTHA abided by the 13 agreement. In late 2022, when ARMANDO’S and PEDRO’s mother was seriously ill in 14 the hospital, the Defendants took all of ARMANDO’s and his mother’s belonging from the 15 16 garage and put them out of the apartment in violation of the agreement they had reached 17 with ARMANDO. PEDRO and MARTHA then rented the garage out and continue to rent 18 it out to this day. 19 6 Plaintiff has attempted for the past year to resolve the controversy of the 20 21 ownership interest of the Defendants to the Subject Property. Both Defendants have 22 refused any discussion dealing with their interest in the property and have refused to 23 agree to a sale of the property. 24 7. Plaintiff is requesting that the property be placed on the market pending the 25 26 resolution of the ownership interest since the Defendants have been unable and/or 27 unwilling to pay Plaintiff any money for his current ownership interest. 28 29 -2- COMPLAINT FOR CANCELLATION OF WRITTEN INTRUMENT OR PARTITION FOR SALE OF REAL PROPERTY FIRST CAUSE OF ACTION (Cancellation of Written Instrument) 7 Plaintiff hereby incorporates paragraphs 1 through 6 of this Complaint as though set forth hereinafter. 8 Plaintiff signed the Grant Deed in 2015 in favor of Defendants when they agreed that Plaintiff and his mother could live in the converted garage for their life. If Defendants had not agreed or if they had voiced their intent to only abide by the agreement for a short period of time, then Plaintiff would not have signed the Grant Deed 10 giving Defendants an ownership interest in the property. Defendants paid no money for 11 receiving an ownership interest in the Subject Property other than the promise they made 12 13 to Plaintiff. 14 9. The Plaintiff is requesting that the Grant Deed of 2015 be cancelled since the 15 Defendants have failed to keep their end of the bargain. Plaintiff gave the Defendants an 16 ownership interest in the property but they ousted the Plaintiff and his mother out of the 17 18 converted garage without their consent or knowledge when Plaintiffs mother was ill in the 19 hospital. 20 SECOND CAUSE OF ACTION 21 (Partition by Sale of Real Property) 22 10. Plaintiff hereby incorporates paragraphs 1 through 9 of this Complaint as 23 though set forth hereinafter. 24 ale Plaintiff requests partition by sale of the real property as it is more feasible 25 26 than division in kind of the subject property because the subject property is owned in 27 tenancy in common with three individuals on title, and the property cannot be divided. 28 Furthermore, the Defendants have refused any overtures by the Plaintiff to buy out the 29 -3- COMPLAINT FOR CANCELLATION OF WRITTEN INTRUMENT OR PARTITION FOR SALE OF REAL PROPERTY Plaintiff. Plaintiff seeks partition of the property as of the date of the filing of this complaint. 12. This action is brought and partition sought hereinafter for the common benefit of the parties to preserve and secure each of their respective interest and rights in the subject property and Plaintiff has incurred and will incur costs of partition herein and for reasonable attorney fees for the common benefit of the parties. Plaintiff will amend this Complaint when the full amount of his attorney fees and costs are determined. 10 THIRD CAUSE OF ACTION (Fraud) 11 13. Plaintiff hereby incorporates paragraphs 1 through 12 of this Complaint as 12 13 though set forth hereinafter. 14 14. On or around October 27, 2015, the Defendants promised Plaintiff that once 15 he granted them an ownership interest in the property, that Plaintiff and his mother could 16 reside in the converted garage when they came to California. They stated this knowing 17 18 full well that they would not keep their promise and did so only to induce Plaintiff to 19 believe in the promise so that they could obtain an ownership interest in the subject 20 property. 21 15. If Defendants had not made that promise to Plaintiff, he would not have given 22 them any interest in the subject property. Plaintiff was attempting to help his brother out 23 24 by giving him a stable home to live in but he did not realize that PEDRO and MARTHA 25 could not be trusted. Defendants took advantage of Plaintiffs goodwill towards his 26 brother to have Plaintiff give up the majority of his ownership interest to the Subject 27 Property. 28 29 -4- COMPLAINT FOR CANCELLATION OF WRITTEN INTRUMENT OR PARTITION FOR SALE OF REAL PROPERTY 16. Had Plaintiff become aware that the Defendants had no intention abiding by the agreement once the property transfer was effectuated, he would not have transferred over any interest of the property to the Defendants. Plaintiff believed the Defendants’ promise to his detriment. FOURTH CAUSE OF ACTION (Accounting) 17. Plaintiff hereby incorporate paragraphs 1-16 of this Complaint as though set 10 forth hereinafter. 11 17. Plaintiff is unaware of the exact amount owed to him by Defendants for 12 the rents collected. The information necessary to ascertain those amounts are strictly 13 within the control of Defendants. Accordingly, Plaintiff seeks an accounting of those 14 amounts. Defendants started renting the house from December of 2022 until the present. 15 16 WHEREFORE, Plaintiff prays for Judgment as follows: 17 1 For cancellation of the Grant Deed of October 27, 2015 or in the alternative for 18 partition by sale of the subject property and for distribution of the proceeds to the parties 19 in accordance with their ownership interest therein; 20 21 2 That the costs of partition and of this action including reasonable attorney fees 22 expended by the Plaintiff for the common benefit of the parties and expenses of referees 23 and other disbursements be ordered to be paid by the Defendants; 24 3. That Plaintiff be reimbursed by Defendants for any sums advanced in this 25 26 regard and that costs be included in and specified in the Judgment and become a lien on 27 the interest of the Defendant in the subject property; 28 29 5- COMPLAINT FOR CANCELLATION OF WRITTEN INTRUMENT OR PARTITION FOR SALE OF REAL PROPERTY 4 For a judicial determination of the rights and obligations of the parties and their relationship to each other upon the division of the subject property; 5 For an Accounting of the rents received; and 6 For such other and further relief as this Court deems just and proper. Dated: March 24, 2024 Respectfully submitted, LAW OFFICE OF HILDA GARZON-AYVAZIAN 10 11 Co. HILDA GARZON-AYVAZIAN, 12 Attorney for Plaintiff, 13 ARMANDO GAMBOA 14 15 16 17 18 ag 20 21 22 23 24 25 26 27: 28 29 -6- COMPLAINT FOR CANCELLATION OF WRITTEN INTRUMENT OR PARTITION FOR SALE OF REAL PROPERTY VERIFICATION State of California ) ) County of Los Angeles ) Plaintiff ARMANDO GAMBOA hereby states: | am the Plaintiff in the above-entitled action and make this Verification. 10 | have read the foregoing Complaint for Cancellation of Written Instrument or in 11 Alternative for Partition in Sale of Real Property Against Defendants and know the 12 13 Contents thereof, and the same is true of our own knowledge, except as to those 14 matters, which are stated on information and belief, and as to those matters, | believe 15 them to be true. 16 | declare under penalty of perjury under the laws of the State of California that 17 18 the foregoing is true and correct and this declaration is executed on March 24, 2024. 19 20 fy 2 14 Plaintiff, RMF 1O GAMBOA 22 23 24 25 26 27 28 29 “7s COMPLAINT FOR CANCELLATION OF WRITTEN INTRUMENT OR PARTITION FOR SALE OF REAL PROPERTY