HEARING ON DEMURRER TO COMPLAINT
FILED BY VINNIE MISTRY, VINOD MISTRY
* TENTATIVE RULING: *
This matter arises out of a loan to plaintiff Bridget Cain from Cecil Reeves. Succinctly, in 2006 Reeves loaned Cain $50,000 secured by a deed of trust on Cain’s real property in Hercules. Cain alleges that in 2009, she executed a grant deed in favor of Reeves on a separate piece of property in Clearlake as full satisfaction of that loan. However, Cain alleges, not only did Reeves fail to reconvey the deed of trust on her Hercules property, he prepared and recorded a second deed of trust evidencing an additional $50,000 indebtedness. Cain says that Reeves never loaned her the second $50,000, and that the first deed of trust should have been canceled or reconveyed in 2009. Finally, Cain alleges that she discovered all of this only when she attempted to sell the property in Hercules. Reeves died in 2013, and so Cain now brings this action against one of the executors of Reeves’s estate.
Defend
Hearing Date
December 01, 2017
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HEARING ON DEMURRER TO COMPLAINT
FILED BY VINNIE MISTRY, VINOD MISTRY
* TENTATIVE RULING: *
This matter arises out of a loan to plaintiff Bridget Cain from Cecil Reeves. Succinctly, in 2006 Reeves loaned Cain $50,000 secured by a deed of trust on Cain’s real property in Hercules. Cain alleges that in 2009, she executed a grant deed in favor of Reeves on a separate piece of property in Clearlake as full satisfaction of that loan. However, Cain alleges, not only did Reeves fail to reconvey the deed of trust on her Hercules property, he prepared and recorded a second deed of trust evidencing an additional $50,000 indebtedness. Cain says that Reeves never loaned her the second $50,000, and that the first deed of trust should have been canceled or reconveyed in 2009. Finally, Cain alleges that she discovered all of this only when she attempted to sell the property in Hercules. Reeves died in 2013, and so Cain now brings this action against one of the executors of Reeves’s estate.
Defend