213 Cal. App. 4th 1102
Cal. Ct. App.2013Background
- Sofia Aguayo appeals a judgment in favor of Michelle Amaro, special administrator of Isabel Infante’s estate, quieting title to 3665 Gillig Avenue, LA.
- Trial court held Sofia’s possession failed under unclean hands because she recorded a wild quitclaim deed intended to divert property taxes from the true owner.
- Sofia and Jesus Aguayo allegedly engaged in a pattern of adverse possession actions, including a 1995 inquiry, 1999 wild deed, and a 2000 sale and rental agreement.
- Sofia and Jesus also recorded a 2000 quitclaim deed and paid taxes on the property from 2000 through 2006, while living in and maintaining control of the property.
- Aguayos were criminally charged in separate proceedings; the civil/probate cases proceeded to a bench trial and judgment in 2010 affirming the estate’s ownership.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unclean hands may bar adverse possession by claim of right | Sofia argues unclean hands do not apply | Amaro argues unclean hands may bar | Yes, may apply; court did not abuse discretion |
Key Cases Cited
- Kendall-Jackson Winery, Ltd. v. Superior Court, 76 Cal.App.4th 970 (Cal.App.4th 1999) (unclean hands when conduct violates equity and fairness standards)
- Estates of Collins & Flowers, 205 Cal.App.4th 1238 (Cal.App.4th 2012) (unclean hands in property/equity context, conduct relative to claimed injuries)
- Farahani v. San Diego Community College Dist., 175 Cal.App.4th 1486 (Cal.App.4th 2009) (abuse-of-discretion standard for applying unclean hands)