Spies v. Mathewson
Filed 5/1/06 Spies v. Mathewson CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SIXTH APPELLATE DISTRICT
| TERENCE SPIES, Plaintiff and Appellant, v. ERIC MATHEWSON, Defendant and Respondent. | H027291 (Monterey County Super. Ct. No. M54198) |
| MARLENE K. DIETZEL, Cross-complainant and Appellant, v. ERIC MATHEWSON, Cross-defendant and Respondent. | H027211 (Monterey County Super. Ct. No. M54198) |
Decedent Douglas E. Madsen devised parcels of real property in his will to cross-complainant Marlene Turner, now known as Marlene Dietzel (Turner), and the Monterey County AIDS Project (MCAP). Turner later sold her property to plaintiff Terence Spies (Spies) and MCAP sold its property to defendant Eric Mathewson (Mathewson). In these appeals, Spies and Turner challenge summary judgments entered in favor of Mathewson, contending that multiple disputed material factual issues exist entitling them to trial on the determination of whether a lot line adjustment agreement exists. They further argue that factual issues exist which would support a finding of extrinsic fraud or mistake, entitling them to reformation of the deeds to Spies's and Mathewson's parcels. We disagree with both of these contentions, and therefore affirm both judgments.
BACKGROUND
Decedent's will named Myron Etienne (Etienne) as executor of his estate and included some devises of real property as follows. (1) Turner was devised the â€
