Amundson v. Catello, D082158

Leslie J. Knoles (Decedent) and Ruth Catello co-owned real property as joint tenants with right of survivorship according to a 2005 deed.
In 2020, Decedent executed a quitclaim deed severing the joint tenancy, arguably converting it to a tenancy in common; she died weeks later, unmarried and without children.
Decedent’s four siblings opened probate to administer her estate, which included the disputed property; Catello filed a competing petition for administration.
Catello commenced a quiet title action claiming full ownership on grounds the 2020 deed was invalid; the siblings counterclaimed for partition by sale, suing as individuals rather than on behalf of the estate.
The trial court ruled for partition by sale, finding Catello and Decedent’s estate were the property’s owners and ordering proceeds to be split.
Catello appealed, arguing the siblings lacked standing for partition because probate had not yet determined their ownership.

Issue	Siblings' (Plaintiffs') Argument	Catello's (Defendant's) Argument	Held
Do the siblings have standing to seek partition before probate ends?	The siblings automatically gained title to Decedent's share at death, allowing them to sue for partition.	Ownership is unconfirmed; only the estate, not individual heirs, can sue before probate concludes.	No standing; probate must resolve ownership first.
Quiet title suit as basis for standing	Catello named the siblings in her suit, recognizing their interest.	Naming siblings was required but not a concession of their ownership.	Naming defendants is not a concession of ownership; does not confer standing.
Judicial estoppel based on Catello's prior actions	Catello should be estopped from denying siblings' interest after prior positions.	No inconsistent positions; contesting partition is consistent with quiet title action.	No estoppel; positions not inconsistent and no evidence of gamesmanship.
Stipulation with estate administrator after suit filed	A stipulation after the fact conferred standing upon the siblings to pursue the claim.	Stipulation did not deputize or assign the claim; only deferral, not a transfer of authority.	Stipulation does not confer standing retroactively.

American Medical International, Inc. v. Feller, 59 Cal.App.3d 1008 (ownership must be clearly established for partition)
Scott v. Thompson, 184 Cal.App.4th 1506 (standing reviewed de novo when facts undisputed)
Jackson v. County of Los Angeles, 60 Cal.App.4th 171 (elements and use of judicial estoppel)