Gamad v. Soriben
Filed 5/31/06 Gamad v. Soriben CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
| ALFREDO G. GAMAD et al., Plaintiffs and Respondents, v. DELIA P. SORIBEN, Defendant and Appellant. | A111858 (San Francisco County Super. Ct. No. CGC-03-421174) |
Defendant Delia Soriben appeals from a judgment partitioning real property co-owned by her and by plaintiffs Alfredo Z. Gamad, Jr., Alfredo G. Gamad, Sr., and Felicidad Gamad (collectively the Gamads). She contends the trial court erred in failing to order reimbursement for her contributions to the cost of acquiring the property prior to distributing profits on the court-ordered sale of the property. She also contends the trial court erred by refusing to apportion her attorney fees between the parties. We conclude that the basis upon which the trial court rejected Soriben's claim for reimbursement was erroneous. Accordingly, the judgment must be reversed and the matter remanded for consideration of the parties' rights to reimbursement.
Factual and Procedural History
In June 2003, the Gamads filed a complaint against Soriben to partition real property located at 195 Talbert Street in San Francisco. The following evidence was presented at trial:
Soriben and Gamad, Jr., were never married but lived together from 1976 until November 2002. In 1987, they bought the Talbert Street house for $145,000. The house was previously owned by Gamad, Jr.,'s parents, Gamad, Sr., and his wife Felicidad Gamad. Although appraised at $160,000, the parents reduced the price by $15,000 to enable Soriben and Gamad, Jr., to complete the purchase. The parents also gave Gamad, Jr., $10,000 to use for the down payment. Gamad, Jr., contributed an additional $2,000 and Soriben contributed $17,000 towards the down payment. Soriben and Gamad, Jr., borrowed $116,000 for the remainder of the purchase price. Between 1987 and the time of trial, Soriben and Gamad, Jr., paid more than $200,000 in principal and interest on the secured loan on the property. Gamad, Sr., and Felicidad did not contribute to the monthly payments, but did perform maintenance and remodeling work on the house.
When the property was purchased in 1987, Soriben and Gamad, Jr., took title as joint tenants. Approximately six months later, a grant deed was recorded by which Gamad, Jr., and Soriben conveyed a 25 percent interest in the property to Gamad, Sr., and Felicidad Gamad, as joint tenants.
Based on this evidence, the trial court entered judgment finding that the property â€
