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In a dispute involving a transfer of property, trial court judgment is affirmed where: 1) a disputed 2002 deed is not invalid under the statute of frauds as the deed was an executed contract since defendants executed the deed and delivered it to plaintiffs with the intent to transfer their interest in the property; 2) the 2002 deed is valid as to plaintiff despite being altered, as it was executed and delivered to plaintiff and thus vested title in her before a third party altered the deed; and 3) the court did not abuse its discretion in refusing to impose an evidenciary sanction and admitting promissory notes into evidence.
APPEAL from a judgment of the Fresno County Superior Court. Adolfo M. Corona, Judge.
FIFTH APPELLATE DISTRICT.
Filed July 29, 2009
Before: Levy, Acting P.J., Gomes, J., Dawson, J.
Opinion by Levy, Acting P.J.