Hadley v. Haynes CA4/2

CourtCalifornia Court of Appeal
DecidedFebruary 6, 2026
DocketE084551
StatusUnpublished

This text of Hadley v. Haynes CA4/2 (Hadley v. Haynes CA4/2) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hadley v. Haynes CA4/2, (Cal. Ct. App. 2026).

Opinion

Filed 2/6/26 Hadley v. Haynes CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

JEFF HADLEY,

Plaintiff and Appellant, E084551

v. (Super.Ct.No. TRUPS1900269)

TONY HAYNES et al., OPINION

Defendants and Respondents.

APPEAL from the Superior Court of San Bernardino County. Douglas Kent

Mann, Judge. Affirmed.

Jeff Hadley, in pro. per., for Plaintiff and Appellant.

Law Office of Mark W. Regus and Mark W. Regus for Defendants and

Respondents.

1 Plaintiff and appellant Jeff Hadley (Resident) brought a petition within an

already existing probate case, seeking to quiet title to a house he resided in and seeking

restitution for mortgage payments he made. The probate court summarily adjudicated

the quiet title claim against Resident. Following a bench trial, the probate court

concluded that Resident was not entitled to restitution.

Resident raises three contentions on appeal. First, Resident contends the probate

court’s reasoning on the restitution claim failed to address Resident’s theory of liability.

Second, Resident asserts the probate court erred in finding that $1,300 was below the

market rental value of the house because there was no expert testimony establishing fair

market rental value. Third, Resident contends the respondent in this court, Tony

Haynes, lacked standing to appear as a defendant/objector in the probate court. We

affirm the judgment.

FACTUAL AND PROCEDURAL HISTORY

The Leon and Gail Hadley Trust dated December 22, 2004 (the Trust) held title

to a single-family home in Upland (the House). Leon C. Hadley (Father) and Rowena

Gail Hadley (Mother) were the trustors, the trustees, and the original beneficiaries of the

Trust. Father and Mother (collectively, Parents) had two children: Resident and

George Scott Hadley (Brother).

“Prior to 2010, [Resident] struggled with drug addiction and was in and out of

jail multiple times.” As a result, Parents disinherited Resident by the terms of the Trust

reading, “It is the intent of [Parents] not to provide for [Resident].” After Parents’

deaths, all the Trust assets were to be distributed to Brother, and then the Trust would

2 terminate. If Brother did not survive to receive distribution of the Trust assets, then the

Trust assets would be distributed to Brother’s son, Max Hadley (Nephew) when he

reached the age of 25 years old. The persons designated to succeed Parents as trustees

were: Brother, if he was unavailable then Brother’s wife, if she was unavailable then

Donnasue Smith Ortiz.

In 2005, Parents moved to Texas with Brother. The House became a rental. In

2008, Parents, as trustees of the Trust, took a $180,000 loan (the mortgage) from

Washington Mutual Bank, secured by the House. The mortgage was taken for Brother’s

benefit.

In 2010, Resident was sober and no longer incarcerated. Resident was residing

with his employers, who provided him with free room and board as a benefit of his job.

Also in 2010, Resident reconciled with Parents. Parents offered to let Resident move

into the House if he paid the taxes and insurance for the House; Brother would pay the

mortgage. In 2010, Resident moved into the House and paid the taxes and insurance.

According to Resident, it was understood by Parents, Resident, and Brother that,

after Parents’ deaths, Brother would distribute the House to himself and then transfer it

to Resident. Alternatively, but still according to Resident, the agreement was that, after

Parents’ deaths, the Trust would continue holding title to the House until Brother

completed paying the mortgage, and then Brother would distribute the House to himself

and transfer the House to Resident. Under that arrangement, Brother would pay the

mortgage and water bill, while Resident paid the other utilities and maintenance costs.

3 Mother died in 2012. Father died in 2014. Days after Father’s funeral, Brother’s

wife died. Brother fell into a depression and “went from drinking Coors Light to hard

liquor.” Brother did not make the monthly mortgage payments and never distributed the

House to himself.

In the summer of 2015, Brother and Resident jointly paid the past due amount on

the mortgage after a notice of trustee’s sale was recorded against the House. A year

later, in the summer of 2016, the House again fell into foreclosure. In November 2016,

Resident paid $14,643.16 to stop the foreclosure. In January and March 2017, Resident

made the monthly mortgage payments.

On April 5, 2017, Brother died due, in part, to “alcoholic liver cirrhosis.” Upon

Brother’s death, Nephew was an orphaned minor. Nephew went to live with friends. In

2017, in a Texas court, Tony Haynes (Administrator) was appointed as (1) permanent

guardian of Nephew’s estate through October 14, 2018, and (2) dependent administrator

of Brother’s estate.

In May 2017, Resident assumed the responsibility of making the ongoing

monthly mortgage payments of approximately $1,300. In mid-2018, Resident faced

health issues, which caused him to spend all of his money on medical treatments. In

September 2019, Administrator received a letter from ZBS Law, LLP, reflecting the

House was in foreclosure because the mortgage had not been paid since March 2019;

$12,435.40 was required to reinstate the mortgage. Administrator paid the amount due

on the mortgage using money from Brother’s estate.

4 In November 2019, Donnasue Smith Ortiz declined to serve as successor trustee

of the Trust. Nephew reached the age of 18 on November 24, 2019. On November 26,

2019, Administrator petitioned the probate court to appoint a successor trustee because

the Trust had been left without a trustee. The probate court appointed Christina

Erickson-Taube (Trustee), a professional fiduciary, as trustee. In March 2020, Trustee

had Resident served with a 60-day notice of termination of his tenancy. In September

2020, Trustee filed an unlawful detainer complaint against Resident.

Within the probate case started by Administrator’s petition for appointment of a

trustee, Resident filed a petition to quiet title to the House, to recover restitution for the

mortgage payments, and requesting the court dismiss Trustee’s unlawful detainer

complaint. The caption of Resident’s petition reads, “In Re: Leon and Gail Hadley

Family Trust dated December 22, 2004.” In the register of actions, both Administrator

and Resident are listed as petitioners; no one is labeled as a respondent in the probate

court.

In Resident’s quiet title cause of action, he alleged that he is the owner of the

House through adverse possession. In an alternative cause of action, labeled

“constructive trust allegations,” Resident asserted, “By virtue of Respondent’s conduct

in failing to transfer the [House] to [Resident] upon demand and requiring [Resident] to

make payments on a loan taken out for the benefit of [Brother], Respondents hold title

to the [House] and to the monies or principal paid on the [mortgage] encumbering the

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Hadley v. Haynes CA4/2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hadley-v-haynes-ca42-calctapp-2026.