Shayesteh v. Welch CA4/1
Sisters Minoo Shayesteh and Nagin Welch dispute the ownership of property located at 240 North Cypress Avenue, in Santa Clara, California. Shayesteh maintains she and her sister provided equal funds for the down payment and that they both contributed to the mortgage, property taxes, and maintenance. She filed suit in 2015 to quiet title, among other things. Welch denied Shayesteh’s allegations, and the matter went to trial in 2018. Shayesteh sought to introduce recordings she had made of conversations with her sister about the property. The court excluded one such recording made November 21, 2013 after concluding it regarded settlement negotiations and was inadmissible under Evidence Code section 1152, subdivision (a) for purposes of proving liability. Following trial, the court entered judgment in favor of Welch. Shayesteh appeals the judgment, contending the court erred by excluding the November 21, 2013 recording.
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