Gary Reinero vs Clifford Caton

Comes now plaintiff Gary J. Reinero, individually and as trustee of the Reinero Family Trust dated December 4, 1997 ¹, alleging of defendants, and demanding trial by jury of all issues so triable, as follows:

1. Gary J. Reinero ("Mr. Reinero"), plaintiff, born , has lived his entire life as a resident of Merced County, California. Since August 7, 2005 , Mr. Reinero has been an "elder" as defined in Welfare and Institutions Code .27.

2. On December 4, 1997 , Mr. Reinero settled and became a trustee of The Reinero Family Trust dated December 4, 1997 ("Reinero Family Trust"), which is a revocable, living trust used by Mr. Reinero and his wife, Jacqueline, for estate planning purposes. Prior to her death on January 17, 2022 , Jacqueline D. Reinero ("Mrs. Reinero"), was the co-settlor and co-trustee of the Reinero Family Trust. After September 20, 2013 , Mrs. Reinero was an "elder" as defined in Welfare and Institutions Code .27. We use the term "Reineros" to refer jointly to Gary J. and Jacqueline D. Reinero, individually and as trustees of the Reinero Family Trust.

3. Clifford J. Caton ("Mr. Caton"), defendant, resides in Merced County, California, and has resided there for several decades. In addition to being sued in his personal capacity, Mr. Caton is being sued as a settlor and trustee of the Clifford J. Caton and Pamela S. Caton Trust Agreement dated July 3, 1997 ("Caton Trust"), and as settlor and trustee of the West Main Trust dated April 17, 1997 ("West Main Trust"). The Caton Trust and West Main Trust are each revocable living trusts designed to avoid probate while retaining control of the trust assets. These trusts effectively are the alter ego of Mr. Caton.

4. Plaintiffs do not know the true identities and capacities of the defendants named as Does 1 to twenty, inclusive, and therefore sues said defendants by these fictitious names. Plaintiff will seek leave to amend this complaint to insert the true identities and capacities of these defendants when their identities have been ascertained.

5. Defendant Clifford J. Caton has, with respect to all of the acts alleged herein, acted with the trust and confidence reposed in him by Mr. Reinero, with whom he has had a friendship spanning several decades. Mr. Reinero enjoyed drag racing, and he has won several championships in the early 2000 's, when he was in his 60's. Mr. Caton also enjoyed drag racing and joined Mr. Reinero at the track, sometimes serving as his crew chief. When they were not drag racing together, defendant Caton worked professionally to buy, sell, develop and manage commercial, residential and agricultural properties. Mr. Caton has developed expertise in real estate in the Merced area since 1967 . He currently owns a portfolio of more than 30 properties, occupying 52 acres, although he is not licensed as a real estate broker. When Mr. and Mrs. Reinero desired to borrow money against and then develop and/or sell their 30 acre parcel in the early 2000 's, they turned to and relied upon Mr. Caton for his expertise and assistance, and reposed their confidence and trust in him.

6. The 30 acre parcel in issue is generally known as , and is described as:

"All of Lot 35 and the South half of Lot 36 as shown on map entitled, 'The Yosemite Colony,' filed for record on February 11, 1888 in Volme 2, of Official Plats, at page 7, Merced County Records."

APN 60-570-10

This parcel was owned 50% by Gary J. Reinero and Jacqueline D. Reinero, as trustees of the Reinero Family Trust and 50% by Gary J. Reinero. We refer to this parcel as "the property."