Man forged deed, police say

A Corona del Mar man has been accused of attempting to take possession of the Hortense Miller Garden. The famed garden in Boat Canyon is owned by the city of Laguna Beach and open for public tours.

John Alvin Carabell, 46, was arrested July 8 by Laguna Beach police detectives on suspicion of burglary and filing false records, according to police records.

Carabell is suspected of forging a deed for a house on Allview Terrace near the Hortense Miller Garden and recording it with the county.

“Apparently, this suspect went to the county recorders office in December of 2008 and filed a grant deed,” said Laguna Beach police Sgt. Jason Kravetz. “He deeded a home on Allview Terrace to himself and it was then recorded. The only problem is that it should not have been recorded because it isn’t legal. He cannot grant a home to himself which he doesn’t own.”

Compounding the incident is the fact that, while the suspect thought he was deeding the Hortense Miller Garden House to himself, he wrote the wrong address down and the false deed has another Allview Terrace home listed, Kravetz said.

Carabell allegedly claimed to garden volunteers that he had inherited the home from Hortense Miller, who died one year ago this month at the age of 99.

Marsha Bode, garden manager and long-time volunteer, was suspicious of Carabell’s claim.

“[Carabell] said he had the right to be there because he was the nephew of Hortense Miller and had inherited it. But a neighbor didn’t think it was true. The house belongs to the city of Laguna Beach,” Bode said.

After the deed was recorded, several cases of trespassing at the Hortense Miller Garden house occurred and Bode said the suspect was making calls to her and various neighbors.

“He called me and talked to my friend,” she said. “He wanted to hire me to take care of the gardens.”

More trespassing complaints and an alleged attempt by the suspect to close out Hortense Miller’s bank account led detectives to investigate.

According to Farrah Emami of the district attorney’s office, Carabell has been charged with one felony count of recording a false and forged instrument and one felony count of second degree commercial burglary.

Public defender Edward Eisler is representing Carabell in court hearings. A preliminary hearing in the case occurred Wednesday at the Harbor Justice Center in Newport Beach. Eisler was not available for comment.

As for the homeowner whose property was recorded under the ownership of Carabell, Kravetz said his property is safe.

“He isn’t in any jeopardy of losing his home because he never signed the house over to this suspect,” Kravetz said. “The recording is removed and the true owner is still listed as the correct owner of the home.”