Granzella v. Jargoyhen

In Granzella v. Jargoyhen (1974) 85 Cal. App. 3d 551, the decree of final distribution as to the decedent's will was issued on March 23, 1970. (Id. at p. 553.) On November 5, 1971, a handwriting expert informed the plaintiffs that the decedent's signature on the will had been forged. (Ibid.) The plaintiffs filed a complaint to establish a constructive trust for certain real property. (Id. at pp. 552- 553.) The plaintiffs alleged that defendant, with whom they were tenants in common in the real property, induced them to refrain from contesting the will by actively representing that she knew from personal knowledge that the will was the actual last will and testament of the decedent. (Id. at p. 553.) The trial court sustained demurrer without leave to amend. (Ibid.) The appellate court reversed, concluding that the plaintiffs' complaint described extrinsic fraud. (Granzella, supra, 43 Cal. App. 3d at pp. 555-557.) The court explained that "before, during and after the probate proceedings, defendant represented to plaintiffs that of her own personal knowledge the will was the genuine last will and testament of deceased; that in reliance on the blood and trust relationship between the parties and on the representation of defendant, plaintiffs did not contest the probate nor discover the fact that the will was forged, until after the distribution of the estate.If true, this was a situation 'where the unsuccessful party has been prevented from exhibiting fully his case, by fraud and deception practiced on him by his opponent, as by keeping him away from court . . . .' The fraud upon plaintiffs would be one additional to the fraud upon the court which consisted of presenting to the court a forged will. The deceit practiced on plaintiffs was just as effective to prevent them from presenting to the court the true facts concerning the invalidity of the will as if defendant had physically prevented plaintiffs from appearing in the probate proceedings. The interests of justice require that plaintiffs be given an opportunity to prove in court, if they can, that defendant caused the forgery of the will." (Id. at p. 556.)