Is nullification or cancellation of the transfers available as a matter of right?

in the instant case. Cancellation or nullification of the transfers is not available as a matter of right; instead, the propriety of granting equitable relief in a particular case by way of cancellation, rescission, restitution or impressment of a constructive trust, generally rests upon the sound discretion of the trial court exercised in accord with the facts and circumstances of the case. ( Hicks v. Clayton (1977) 67 Cal.App.3d 251, 265, 136 Cal.Rptr. 512.) On remand, the trial court has discretion to fashion an appropriate remedy based on the particular facts of this case. We express no opinion on whether nullification is a permissible remedy, but instead permit the trial court to address this issue as necessary upon remand.

IV. Costs