Rhead v. Rock CA1/2
This appeal concerns a long-running family dispute over 37 acres of land on which appellant Patricia Rock (Rock or Patricia) and her adult daughter and son-in-law (Lisa F. Rhead and Raymond Rhead) are tenants in common under a written agreement. After a five-day court trial on the Rheads’ complaint for ouster, partition, quiet title and declaratory relief and Rock’s cross-complaint for breach of contract, reformation, and set-off, the court quieted title to the Rheads as to their concurrent right, with Rock, to control and manage the property, and denied all other requested relief. Rock now raises three issues on appeal: the judgment in favor of the Rheads’ quiet title cause of action is erroneous, the court abused its discretion by misapplying the doctrine of judicial estoppel and rejecting Rock’s claim for reformation of the tenants in common agreement, and the court erred in denying Rock’s motion for new trial. We affirm the judgment.
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