What is quiet title?

Useful Rulings on Quiet Title

Recent Rulings on Quiet Title

NATIONSTAR MORTGAGE LLC VS NEW CENTURY MORTGAGE CORPORATION, A CALIFORNIA COR~ORATION

Plaintiff’s October 31, 2019 complaint contains a cause of action for quiet title. The court must “examine into and determine” the validity of Plaintiff’s claims to title, and “hear” such evidence as may be offered regarding defendant’s claims. (See Code Civ. Proc., § 764.010 [“The court shall examine into and determine the plaintiff's title against the claims of all the defendants.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Quiet Title

ALAMEDA SQUARE OWNER LLC VS THE LOS ANGELES WHOLESALE PRODUCE MARKET, LLC

RELATED-CASE PROCEDURAL HISTORY On April 14, 2017, LAWPM filed a Verified FAC in the Related Case (BC628018) alleging five causes of action: Declaratory relief Declaratory relief Quiet title Injunctive relief Breach of written contract On August 16, 2017 the Court granted LAWPM’s motions for summary adjudication on the First and Fourth causes of action. On December 22, 2017, after a bench trial, the Court entered judgment for LAWPM on the Second and Third Causes of Action.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

RAELENE M. RAMOS ET AL. V. LINDA J. BOWLBY, ET AL.

Plaintiffs’ complaint alleges causes of action for: (1) declaratory relief, (2) declaratory relief, (3) cancellation of instrument, (4) financial elder abuse, (5) rescission of instrument, (6) conversion, (7) quiet title, and (8) injunctive relief. Plaintiff Raelene M. Ramos and Defendant Linda J. Bowlby are sisters. Their father was John L. Hindmarsh (John or Decedent), who passed away on February 4, 2020 in San Luis Obispo County. Plaintiff Annastasia C.

  • Hearing

(NO CASE NAME AVAILABLE)

Issues of the propriety of the trustee’s sale must be resolved in the unlawful detainer action, as “subsequent fraud or quiet title suits founded upon allegations of irregularity in a trustee’s sale are barred by the prior unlawful detainer judgment.” (Id. at p. 256.) Likewise, the court in Malkoskie v. Option One Mortgage Corp. (2010) 188 Cal.App.4th 968 held that “the validity [of the purchaser’s] title had to be resolved in the unlawful detainer action.” (Id. at p. 974.)

  • Hearing

MARCEL JORDAN VS WILLIAM CARR, ET AL.

BACKGROUND This operative First Amended Complaint (“FAC”) arises from a property located at 9023-9025 Baring Cross Street, Los Angeles, California 90044 (the “Subject Property”), alleging causes of action for: (1) declaratory relief (count 1); (2) quiet title (count 1); (3) quiet title (count 2); (4) ejectment; (5) trespass; (6) declaratory relief (count 2); (7) declaratory relief (count 3); and (8) declaratory relief (count 4).

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

FINANCIAL SERVICES VEHICLE TRUST, BY AND THROUGH ITS SERVICER BMW FINANCIAL SERVICES NA, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS ARMEN MELIKYAN, ET AL.

On April 4, 2019, and August 22, 2019, Plaintiff filed a complaint then verified first amended complaint on for Breach of Contract, Common Count, Claim and Delivery, Conversion, Fraud, Quiet Title, Declaratory Relief, and Injunctive Relief. On September 4, 2020, Plaintiff filed a Notice of Stay as to individual defendant, Armen Melikyan. A Chapter 7 Bankruptcy Petition was filed on August 25, 2020. RULING: Granted.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

JPMORGAN CHASE BANK, N.A. VS. JOSE LUIS TORRES, ET AL

His operative First Amended Cross-Complaint (“J1XC”) was filed on August 30, 2018, and alleges two causes of action for (1) Quiet Title, and (2) Declaratory Relief. PRESENTATION: Leticia filed an ex parte application on September 21, 2020 and Plaintiff filed an opposition on September 22, 2020. No reply has been received by the Court. On September 22, 2020, Torres filed a notice of joinder as to the ex parte application.

  • Hearing

LAGUNA GREENBELT INC VS. COUNTY OF ORANGE

(See, e.g., Opp. at 10:17-19 ["Plaintiffs have a statutory right to quiet title to the County's Parcels and resolve whether the Development Agreements limits use of those properties to institufional uses."].)

  • Hearing

GHODSIEH "VIDA" ROOZAFZAI, ET AL. VS FEREIDOUN CHAPARLI, ET AL.

Statute of Limitations The statute of limitations for a quiet title cause of action based upon fraud or mistake is three years, and four years when based upon cancellation of an instrument. (Code Civ. Proc., §§ 338, subd. (d), 343.) Thus, Plaintiffs were required to bring their cause of action by August 2018 if by mistake or fraud, and August 2019 for cancellation of an instrument. The statute of limitations for an elder abuse cause of action is four years. (Welf. & Inst. Code, § 15657.7.)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Quiet Title

ARMEN MANASSERIAN, ET AL. VS DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICA

The complaint, filed July 16, 2019, alleges causes of action for: (1) quiet title against all Defendants; (2) cancellation of deed and trust against all Defendants; (3) declaratory relief against all Defendants; and (4) breach of warranty of marketable title and lack of encumbrances against Tsilikyan. B.

  • Hearing

  • County

    Los Angeles County, CA

TD AUTO FINANCE LLC VS NEW TECH AUTO CARE, A CALIFORNIA CORPORATION, ET AL.

The complaint, filed June 24, 2020, alleges causes of action for: (1) breach of contract; (2) conversion; (3) claim and delivery; (4) quiet title; and (5) TRO, preliminary and permanent injunctions, and damages.

  • Hearing

  • Type

    Collections

  • Sub Type

    Promisory Note

  • County

    Los Angeles County, CA

(NO CASE NAME AVAILABLE)

Third Cause of Action (Quiet Title) – One who alleges that he is the owner of certain described real property, that defendants claim an interest therein adversely to him, that such claim is without right, and that the defendants have no estate, title or interest whatever in said premises or any part thereof pleads all that the law requires in an action to quiet title and the complaint need not particularly state the facts in regard to the asserted invalidity nor attack the instrument which is claimed to be a

  • Hearing

LIU V. FAN, ET AL.

Demurrer to the first cause of action for quiet title and second cause of action for cancellation of instrument on the ground of misjoinder Fan demurs to the first cause of action for quiet title and the second cause of action for cancellation of instrument on the ground of misjoinder in that MERS is not joined and is a necessary party. (See Def.’s memo, p.10:21-27, 11:1-20.)

  • Hearing

CALIFORNIA STATE GRANGE, ET AL. V. SAN LUIS OBISPO GUILD HALL

Plaintiffs’ first amended complaint (FAC) alleges causes of action for (1) declaratory judgment, (2) cancellation of deed and quiet title, (3) slander of title, (4) conversion, (5) claim and delivery, and (6) ejectment. Plaintiffs’ lawsuit centers around a longstanding dispute between the National Grange of the Order of Patrons of Husbandry (the National Grange)1 and the California State Grange, on the one hand, and the California Guild, on the other hand. (FAC, ¶ 1.)

  • Hearing

MOORS VS SPEED

Speed – wherein she alleges causes of action: (1) to quiet title, (2) for partition, and (3) for an accounting. Mr. Moors has provided a declaration, in opposition to the present motion, essentially setting forth the same facts as set forth in his initial complaint.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

MOORS VS SPEED

Speed – wherein she alleges causes of action: (1) to quiet title, (2) for partition, and (3) for an accounting. Mr. Moors has provided a declaration, in opposition to the present motion, essentially setting forth the same facts as set forth in his initial complaint.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

ALLIANT CREDIT UNION, AN ILLINOIS STATE CHARTERED CREDIT UNION VS HUGO MONTEJO, AN INDIVIDUAL, ET AL.

On November 20, 2019, Plaintiff filed a complaint, asserting causes of action against Montejo, California Department of Motor Vehicles (“DMV”) and Does 1-10 for: Claim and Delivery of Personal Property Money on a Contract Quiet Title Declaratory Relief On April 23, 2020, an Order Regarding Waiver of Appearance by and of Monetary Recovery Against DMV was filed pursuant to stipulation. On July 27, 2020, Montejo’s default was entered. A Case Management Conference is set for November 19, 2020.

  • Hearing

  • Type

    Collections

  • Sub Type

    Promisory Note

WAYNE H. PLATT INDIVIDUALLY AND AS CO-TRUSTEES OF THE PLATT FAMILY TRUST DATED NOVEMBER 7, 2000,, ET AL. VS OAKHURST INCOME FUND I, LP, A DELAWARE LIMITED PARTNERSHIP, ET AL.

Plaintiffs filed the operative Second Amended Complaint (“SAC”) against Defendants alleging causes of action for: (1) wrongful foreclosure; (2) breach of written agreement; (3) breach of implied covenant of good faith and fair dealing; (4) fraud based on misrepresentation and concealment; (5) negligent misrepresentation; (6) promissory estoppel; (7) quiet title; (8) judgment to cancel instruments; (9) intentional interference with contractual relations; (10) intentional interference with prospective economic

  • Hearing

  • Type

    Real Property

  • Sub Type

    Foreclosure

HARRIETT E. HAYWOOD VS RTED AMERICA, LLC, ET AL

Haywood filed a complaint against RTED America, LLC and Special Default Services, Inc. for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) promissory estoppel, (4) negligence, (5) unfair business practices, (6) negligent misrepresentation, and (7) quiet title. On June 12, 2017, RTED America filed a cross-complaint for declaratory relief against Haywood. On December 28, 2017, a default was entered against cross-defendant Haywood on the cross-complaint.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Foreclosure

ALFREDO ROBLES VS CARLOS ZECENA

Procedural history Robles filed the Complaint on May 8, 2019, and the FAC on June 10, 2019, alleging six causes of action: Breach of contract Accounting Breach of fiduciary duty Declaratory relief Quiet title Injunctive relief On August 9, 2019, Zecena filed a Cross-Complaint against Robles alleging one cause of action: Common Counts – Money had and received. On July 17, 2020, Zecena filed the instant Motion. No Opposition has been filed.

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

JOANNE SEON IM, ET AL. VS SUN JA LEE

BACKGROUND Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging the following causes of action against Defendant: (1) cancellation of deed (fraud in the inducement); (2) intentional infliction of emotional distress; (3) negligent infliction of emotional distress; (4) quiet title; (5) injunctive relief; and (6) declaratory relief. Defendant filed a demurrer to each cause of action in the FAC. MEET AND CONFER The meet and confer requirement has been met.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Quiet Title

CANYON VIEW LIMITED DBA CANYON VIEW ESTATES VS GMAC MORTGAGE, LLC

On 8/19/19, Plaintiff filed this action to quiet title, for declaratory relief, and removal of cloud on title. On 7/29/20, judgment was entered in Plaintiff’s favor after a default judgment prove up hearing. Pursuant to the judgment, Plaintiff is permitted to bring the instant motion to recover its reasonable attorney’s fees and costs from GMAC. As the prevailing party in this action, which arises out of the MRL, Plaintiff is entitled to an award of reasonable attorneys’ fees and costs.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Quiet Title

HARRIETT E. HAYWOOD VS RTED AMERICA, LLC, ET AL

Haywood filed a complaint against RTED America, LLC and Special Default Services, Inc. for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) promissory estoppel, (4) negligence, (5) unfair business practices, (6) negligent misrepresentation, and (7) quiet title. On June 12, 2017, RTED America filed a cross-complaint for declaratory relief against Haywood. On December 28, 2017, a default was entered against cross-defendant Haywood on the cross-complaint.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Foreclosure

FINANCIAL SERVICES VEHICLE TRUST, BY AND THROUGH ITS SERVICER BMW FINANCIAL SERVICES NA, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS ARMEN MELIKYAN, ET AL.

On April 4, 2019, and August 22, 2019, Plaintiff filed a complaint then verified first amended complaint on for Breach of Contract, Common Count, Claim and Delivery, Conversion, Fraud, Quiet Title, Declaratory Relief, and Injunctive Relief. On September 4, 2020, Plaintiff filed a Notice of Stay as to individual defendant, Armen Melikyan. A Chapter 7 Bankruptcy Petition was filed on August 25, 2020. RULING: Granted.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

BRIANNE MELENA BRILES VS AHCOF INTERNATIONAL DEVELOPMENT COMPANY, INC., A CALIFORNIA CORPORATION

11/17/2020 Dept. 73 Rafael Ongkeko, Judge presiding BRIANNE MELENA BRILES vs AHCOF INTERNATIONAL DEVELOPMENT COMPANY (20STCV35150) Counsel for Plaintiff: Aurora Talavera (Allied Legal Group) Counsel for Defendant: Michael Lin PROPOSED STIPULATED JUDGMENT (Received 10/9/2020) Plaintiff filed this action on September 14, 2020 against Defendants for quiet title relating to deeds of trusts that Defendant recorded against various properties as security for extensions of lines of credit that Defendant made

  • Hearing

  • Type

    Real Property

  • Sub Type

    Quiet Title

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