Aguilar v. Bocci

39 Cal. App. 3d 475 (1974)

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Aguilar v. Bocci

California Court of Appeal
39 Cal. App. 3d 475 (1974)

Facts

Antonio Aguilar (plaintiff) was charged with assault and retained Thomas Bocci (defendant) to be his defense attorney. Under the retainer agreement, Aguilar was to pay Bocci $10,000. To secure his obligation, Aguilar deeded his home to Bocci. When he executed the deed, Aguilar owned a one-half interest in the home, the other half interest being owned by his wife. Later, Aguilar obtained his wife’s one-half interest. Aguilar never paid Bocci the amount owed under the retainer agreement. At all times, Aguilar had exclusive possession of the home. Eight years later, Aguilar filed an action to quiet title to the home, arguing that Bocci engaged in fraud to obtain the deed. Bocci countersued, seeking to quiet his title in a one-half interest in the home. The trial court held that Aguilar and Bocci were tenants-in-common, each owning a one-half interest in the home. The trial court declared that the home must be sold so that the proceeds could be divided between Aguilar and Bocci. Aguilar appealed.

Rule of Law

Issue

Holding and Reasoning (Draper, J.)

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