Burkhart v Miranda [2013] GUSC 2; 2013 Guam 02 (28 February 2013)

IN THE SUPREME COURT OF GUAM

ROSALINDA IGNACIO M. BURKHART,
Plaintiff-Appellant,

v.

ROLAND R. MIRANDA, RITA T. MIRANDA,
Defendants-Appellees,

GUAM HOUSING CORPORATION and
UNITED STATES SMALL BUSINESS ADMINISTRATION,
Defendants.

Supreme Court Case No. CVA11-012
Superior Court Case No. CV0492-09

OPINION

Filed: February 28, 2013

Cite as: 2013 Guam 2

Appeal from the Superior Court of Guam
Argued and submitted on February 13, 2012
Hagåtña, Guam

Appearing for Plaintiff-Appellant: Ron Moroni, Esq. Moroni Law Offices San Ramon Bldg. 115 San Ramon St., Ste. 301 Hagåtña, GU 96910

Appearing for Defendants-Appellees: James Maher, Esq. 140 Aspinall Ave., Ste. 201 Hagåtña, GU 96910

BEFORE: F. PHILIP CARBULLIDO, Chief Justice; ROBERT J. TORRES, Associate Justice; and KATHERINE A. MARAMAN, Associate Justice.

TORRES, J.:

[1] Plaintiff-Appellant Rosalinda Ignacio M. Burkhart appeals two separate decisions and orders of the trial court. The first decision and order denied her motion for partial summary judgment seeking dismissal of Defendants-Appellees Roland R. Miranda and Rita T. Miranda's counterclaims and granted Roland and Rita's motion for summary judgment alleging Rosalinda's claim was time barred. The second decision and order granted Roland and Rita's additional motion for summary judgment to reform a defective deed and quiet title in their names. Rosalinda argues on appeal that the trial court erred in (1) granting Roland and Rita's first motion for summary judgment dismissing her complaint; (2) denying her first motion for partial summary judgment seeking dismissal of Roland and Rita's counterclaims; and (3) granting Roland and Rita's second motion for summary judgment to reform the deed and quiet title.

[2] For the reasons set forth below, we reverse and remand for further proceedings.

I. FACTUAL AND PROCEDURAL BACKGROUND

[3] This case stems from a dispute between family members over the title to the house and lot more particularly described as Cadastral Lot Number 12, Block Number 2, Estate Number 12008, Suburban, Subdivision of Tract 85 in Piti, Guam ("the Property"). The Property is registered land and was at one time registered to Raymond C. Miranda and Jesusa L. Miranda, husband and wife, as joint tenants. In January 1980, Raymond C. Miranda quitclaimed his interest in the Property to his wife Jesusa, and shortly thereafter the couple divorced.

[4] In April 1987, Jesusa executed a general power of attorney giving her son, Raymond I. Miranda, Jr. ("Raymond Jr."), power to conduct transactions on her behalf. At trial, Jesusa declared that she was not in Guam at the time of execution of the deed, and that while she wanted someone to handle her affairs for her, she did not intend for the power of attorney to last indefinitely. Four years later, Raymond Jr. executed a warranty deed granting the Property to Jesusa's other son, Roland R. Miranda. The deed did not provide that Raymond Jr. was acting as attorney-in-fact for Jesusa, and Jesusa claimed she never authorized Raymond Jr. to transfer ownership of the Property to Roland. Furthermore, the deed incorrectly identified Raymond Jr. as the grantor. Jesusa did acknowledge that sometime in 1991, Raymond Jr. called her to discuss the possibility of Roland using the Property as collateral for a loan, but she expressed that she did not want to sell the Property to Roland, and Raymond did not have her authority to sell the Property. Jesusa stated she only learned of the purported transfer to Roland years later.

[5] Roland argued he had an agreement with his mother Jesusa to buy the Property. Roland declared that the agreement was brokered by Raymond at his "mother's behest." He stated that pursuant to the agreement, he and Rita obtained a loan from the Guam Housing Corporation, satisfied the existing mortgage on the land,[1] and remitted approximately $15,000.00 to his mother. Id.

[6] For many years, Roland and Rita and their family lived on the Property. Roland claimed they made extensive improvements such as installing new plumbing and tiles, remodeling the kitchen, installing new internal and external doors, as well as painting the interior and exterior of the house.[2] Rita and Roland also paid the annual real property tax assessments. Jesusa did not dispute that Roland lived there with his family but stated that she allowed him to live in the house rent-free because he is her son. She added, however, that she never told him he could take ownership of the home, and that he never told her that he regarded himself as the owner. She also stated that she never took any action to remove Roland from the house because he was there with her permission, but not under any claim of ownership. Roland differed and asserted that from April of 1991 to March of 2009, Jesusa visited them at the Property over 100 times, and during this period, she referred to the Property as "your place." RA, tab 40 at 2 (Decl. Roland R. Miranda, Oct. 22, 2009).

[7] In August 2007, Jesusa executed a deed of gift for the Property in favor of her daughter, Rosalinda. Jesusa stated that this was the only transfer she ever made of the property. Rosalinda later filed a complaint in the trial court against Roland and Rita for: (1) ejectment for unlawful withholding of property; (2) rent in the amount of $2,500.00 per month from February 2008 onwards, for the duration of the detention;[3] (3) quiet title; and (4) damages for removal of clouds on title. RA, tab 3 (Compl., Mar. 20, 2009).

[8]