Hermosillo v. Alderete CA4/1
Mayra E. Aldrete appeals from an order determining title to a share of real property under Probate Code section 850. The court concluded that the disputed share was an asset of Victoria Lucero’s estate based on a 2002 deed from Filogonio Lucero to Andrew Hermosillo and a subsequent quitclaim from Andrew to Victoria’s estate in 2020. Mayra argues that reliance on the 2002 deed and the subsequent quitclaim at trial was a material variance from the allegations of Lucero Hermosillo’s petition, requiring reversal. According to Mayra, the petition alleged that Victoria’s estate owned the disputed share based exclusively on a “1999 Agreement”—a claim Mayra argues is barred by the statute of frauds. Even if the court could properly consider the 2002 deed, Mayra contends that the deed from Filogonio to Andrew was ineffective because it does not sufficiently describe the property to be transferred. Lastly, Mayra asserts there is no evidence of a quitclaim by Andrew to Victoria’s
Comments on Hermosillo v. Alderete CA4/1