Opinion
D058476 Super. Ct. No. 37-2009-00099705-CU-PN-CTL
08-20-2012
KATHLEEN SOMMER, Plaintiff and Appellant, v. GEORGINE F. BRAVE et al., Defendants and Respondents.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
NO CHANGE IN JUDGMENT
THE COURT:
The opinion filed July 30, 2012 is modified as follows: Page 4, third paragraph, beginning with the sentence following the citation to Civil Code section 683.2, is modified as follows: The deed expressly provided that Gloria, as a joint tenant, quitclaimed her 50 percent interest to: "William H. Moser and Gloria Moser, Husband and Wife, as Tenants in Common . . . ." (Italics added.); if Gloria had deeded it to herself alone, the result would likely have been different, although Brave still disputes this.) Sommer assisted her mother by having the deed recorded at the San Diego County Recorder's office on December 5, 2006, and she kept a copy.
That portion will now read: The deed expressly provided that Gloria, as a joint tenant, quitclaimed her interest to: "William H. Moser and Gloria Moser, Husband and Wife, as Tenants in Common . . . ." (Italics added.) Sommer assisted her mother by having the deed recorded at the San Diego County Recorder's office on December 5, 2006, and she kept a copy.
The petition for rehearing is denied.
THERE IS NO CHANGE IN JUDGMENT.
HUFFMAN, Acting P. J.