“A resulting trust arises by operation of law from a transfer of property under circumstances showing that the transferee was not intended to take the beneficial interest. . . . Ordinarily a resulting trust arises in favor of the payor of the purchase price of the property where the purchase price, or a part thereof, is paid by one person and the title is taken in the name of another. The trust arises because it is the natural presumption in such a case that it was their intention that the ostensible purchaser should acquire and hold the property for the one with whose means it was acquired.”
Estate of Yool, 151 Cal. App. 4th 867, 874 (2007).
“‘A resulting trust arises when a person (the “transferor”) makes or causes to be made a disposition of property under circumstances (i) in which some or all of the transferor's beneficial interest is not effectively transferred to others (and yet not expressly retained by the transferor) and (ii) which raise an unrebutted presumption that the transferor does not intend the one who receives the property (the “transferee”) to have the remaining beneficial interest.’”
Lonely Maiden Productions, LLC v. GoldenTree Asset Management, 201 Cal. App. 4th 368, 386 (2011) (citing Rest.3d Trusts, § 7).
CALIFORNIA STATE COURTS
Supreme Court of California: Majewsky v. Empire Constr. Co., 2 Cal. 3d 478, 485-86 (1970).
California 1st District: Estate of Yool, 151 Cal. App. 4th 867, 874 (2007).
California 2d District: Lonely Maiden Productions, LLC v. GoldenTree Asset Management, 201 Cal. App. 4th 368, 386 (2011).
California 3d District: Mercantile Collection Bureau v. Roach, 195 Cal. App. 2d 355, 358 (1961).
California 4th District: Casa Colina Convalescent Home for Crippled Children, Inc. v. Wiest, 214 Cal. App. 2d 161, 164 & 165 (1963)..
California 5th District: Fidelity National Title Ins. Co. v. Schroeder, 179 Cal. App. 4th 834, 847-48 (2009).
California 6th District: None.
CALIFORNIA FEDERAL COURTS
United States Court of Appeal for the 9th Circuit: McGranahan v. Rosa (In re Garcia), 92 Fed. Appx. 486, 486-87 (9th Cir. 2004).
Central District: None.
Eastern District: In re Shinn, No. 07-14013-B-13, 2008 Bankr. LEXIS 4876, at *12 (E.D. Cal. Br. June 20, 2008).
Northern District: Concorde Equity II, LLC v. Miller, 732 F. Supp. 2d 990, 1002 (N.D. Cal. 2010).
Southern District: Leeds LP v. United States, No. 08cv100 BTM (BLM), 2010 U.S. Dist. LEXIS 79046, at *16 (S.D. Cal. Aug. 5, 2010).