Appellant sisters sought review

Procedural Posture

Appellant sisters sought review of the judgment of the Superior Court of Los Angeles County (California), which found in favor of respondent caregiver in the sisters' suit to cancel their deed giving the caregiver one-half interest in the sisters' real property.

Overview: script for firing an employee

The sisters promised their caretaker that they would convey to her an undivided one-half interest in their real estate so long as the caregiver would take care of the sisters until they were well enough to take care of themselves. The caregiver was to manage the real estate. The caregiver kept her promise and cared for the sisters and maintained the real estate. The court affirmed the judgment that the grant was valid. The court found that where a grantor accepted the verbal promise of a grantee for support without any agreement or understanding that the failure to do the acts as promised should be a condition, or in any way affect the validity of the deed, or entitle her to a reconveyance, in the absence of fraud, the grantor had no right to rescind or to have the deed set aside, but her only remedy for breach of the grantee's personal covenant was an action for damages. The court held that the caregiver's nursing and care of the sisters and her management of the real property was consideration for the grant to her of an undivided one-half interest therein, and the money she furnished for food, clothing, light, and water was part of the consideration for such grant.

Outcome

The court modified and affirmed the judgment against the sisters in their action to cancel a deed granting an interest to the caregiver.