In Gera v. Gera (1969) 272 Cal.App.2d 492, the attorney for the wife relied on information conveyed to him by his client; the client was factually mistaken that a joint tenancy deed had not been delivered to the husband and that it had not been recorded. On that basis, the attorney had determined that it would not be in his client's best interest to record a homestead on the property. It was later discovered that the deed had been delivered and recorded. The wife's attorney then filed the homestead declaration. Because the homestead declaration arose after the trial, and as a result of discovering the mistake during trial, the wife's homestead rights remained unadjudicated in the dissolution proceedings. The wife's attorney moved to reopen the trial to receive new evidence and for leave to file a supplemental complaint. The Court of Appeal held that the trial court abused its discretion in denying this motion. The attorney had been misled by the client's mistakes of fact, but acted to correct the situation as soon as the mistake was discovered. The attorney had the client file the declaration of homestead to protect her rights, and the homestead rights remained unadjudicated. There had never been a court determination on the issue, as the mistake had deprived the client and the court of that opportunity. (Gera, at pp. 496, 497-498.)