Quemada v. Arizmendez

Danielle Quemada, the daughter and personal representative of Richard Ortega (Decedent), initiated this action to set aside two quitclaim deeds. At the time of the Decedent's death, he had three children: Richard Ortega, Jr., Denise Mota, and Quemada. On January 12, 2012, Respondents, Efren Arizmendez and Gilbert Acosta filed a petition to adjudicate the intestacy of the Decedent and to be appointed as the personal representative of the Decedent's estate. The proceeding was assigned to the magistrate court. Thereafter, Quemada filed a petition for appointment as personal representative, which was granted. On April 20, 2010, Quemada filed a verified Petition, invoking the Trust and Estate Dispute Resolution Act (TEDRA) to set aside two of the deeds. She alleged that the deeds to the properties should have been set aside because the Decedent signed them based on Celia Ortega's fraudulent misrepresentations, undue influence, and design to intentionally interfere with inheritance. During a telephonic status conference, the district court granted Quemada leave to file an amended petition narrowing the issues in dispute, and the parties stipulated to waive a jury trial. Quemada filed an unverified Amended Petition which was identical to the original Petition, except that it left out the intentional interference with inheritance cause of action. The district court ruled in response to a Rule 12(b) motion of Respondents that Quemada could not pursue a claim for damages, nor any claim against Celia Ortega, having failed to allege either in the Amended Petition. The Respondents answered the Amended Petition and shortly thereafter moved for summary judgment. Subsequent to the hearing on the motion to dismiss, the district court issued its Memorandum Decision, finding that no genuine issues of material fact existed, and that Respondents were entitled to judgment as a matter of law. Quemada appealed to the Supreme Court. Finding no error, the Supreme Court affirmed. View "Quemada v. Arizmendez" on Justia Law