What is quiet title?

Useful Resources for Quiet Title

Recent Rulings on Quiet Title

4301-4325 of 4411 results

GERALD J MATHEWS VS. CITIMORTGAGE, INC

Demurrer to the first cause of action for quiet title is sustained. A borrower may not maintain a quiet title action against a mortgagee without first paying the outstanding debt on which the subject mortgage is based. (Miller v. Provost (1994) 26 Cal.App.4th 1703, 1707; quoting Booth v. Hoskins (1988) 75 Cal. 271, 276.) Here, Defendants have a legitimate interest in the subject property. It is alleged that they purchased the first deed of trust. (SAC, ¶ 11.)

  • Hearing

    Aug 11, 2010

  • Type

    Real Property

  • Sub Type

    other

ING BANK FSB VS. VAHAN YUZBASHYAN

(iii) Calendar an evidentiary hearing for September 14, 2010, on Plaintiff's request for entry of a judgment for quiet title. (See Code of Civil Procedure § 764.010; Yeung v. Soos (2004) 119 Cal.App.4th 576, 580-581.) Order Plaintiff to give notice of the § 764.010 hearing to all entity Defendants, including Defendant-in-default Guaranty Bank. (iv) Continue the present September 10, 2010 trial date to a date to be set at the hearing on this matter.

  • Hearing

    Aug 10, 2010

  • Type

    Real Property

  • Sub Type

    other

DONALD L SCHLEY VS. THE GOLDEN ONE CREDIT UNION

s motion to consolidate the instant civil action for quiet title, fraud, and various statutory violations arising from the foreclosure sale of his home with an unlawful detainer action, Golden One Credit Union v. Schley, No. 10UD01270, for all purposes including trial is DENIED for the reasons set forth below.

  • Hearing

    Jul 30, 2010

  • Type

    Real Property

  • Sub Type

    other

ROBERTO GARZA VS. DEUTSCHE BANK NATIONAL TRUST COMPANY

Upon this claim P seeks to avert foreclosure and quiet title. It is unclear why P's wife is not a plaintiff as well. D demurs, asking this Court to judicially notice the content of six unauthenticated (i.e., uncertified) public documents.

  • Hearing

    Jul 27, 2010

ALEKSANDR RABINOVICH VS. FIRST AMERICAN TITLE INSURANCE COMPANY DBA FIRST

Demurrer sustained without leave to amend but without prejudice as to 3rd cause of action (quiet title). Plaintiffs are still owners of the property and the recorded foreclosure notices do not effect plaintiff's title, ownership, or possession in the property. Demurrer sustained without leave to amend as to the 4th cause of action (fraud) for failure to plead justifiable reliance relative to the alleged misrepresentations. No reasonable probability that defects can be cured by amendment. =(302/CWW)

  • Hearing

    Jul 14, 2010

JOSEPHINE LOWE VS. KURT L KASTAN

The Court intends to: (a) SUSTAIN, with leave to amend, Defendant Jandark Fard's demurrer to the first cause of action for quiet title in Plaintiff Josephine Lowe's first-amended complaint. (C.C.P. § 430.10(e).) The pleading fails to allege the adverse claim to title asserted by Defendant Jandark Fard. (C.C.P. § 761.020.) (b) SUSTAIN, with leave to amend, the demurrer to the second cause of action for breach of fiduciary duty. (C.C.P. § 430.10(e); Pierce v. Lyman (1991) 1 Cal.App.4th 1093, 1101.)

  • Hearing

    Jul 07, 2010

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

FERMIN VS DEUTSCHE BANK

(FAC, ¶¶ 14-22); and seek quiet title back in Ps. The Bank demurs once again, this time alleging that Ps lack standing because the Bk Trustee controls the estate assets (including this claim); and that the bank, through judicial notice, was the proper party to foreclose by virtue of assignment recorded 3/5/09. (I still don't see where the Bank substituted Quality Loan in as trustee in place of Chicago Title .) According to the Court in Bostanian v. Liberty Savings Bank (1997) 52 Cal.

  • Hearing

    Jul 06, 2010

  • Type

    Real Property

  • Sub Type

    other

NOGAVICH VS. INDYMAC ET AL.,

Nogavich, who allegedly do not speak English; quiet title alleging that "Ps' interest in title is a deed of trust"; unfair business practices; nonspecific declaratory and injunctive relief; nonspecific statutory Finance Code violations; and "information and belief" relating to required statutory provisions for motrtgage loan requirements.

  • Hearing

    Jul 06, 2010

  • Type

    Real Property

  • Sub Type

    other

ANNE LOFTIN VS. MARK SILKA

Phillips, on behalf of the Silkas, has filed a separate quiet title action against the Mays (56-2010-00376530), which this Court, sua sponte, now consolidates into this action for all purposes. Ms. Loftin and Mr. Vincent may also wish to participate in the unadjudicated portion of the consolidated action as plaintiffs-in-intervention, to the extent such parties cannot reasonably access their driveway any other way from Box Canyon Road.

  • Hearing

    Jul 01, 2010

  • Type

    Real Property

  • Sub Type

    other

WASHINGTON MUTUAL BANK VS. JOSE JUAN HERNANDEZ

On 10/2/08, Commissioner (now Judge) Borrell garnted SJ in this UD case as to possession, stayed pending determination of a consolidation motion with 56-2008000322805, a quiet title action. On 10/14/08, Judge Bysshe transferred this UD case to be a "companion" case with the quiet title case. On 6/29/09, the quiet title action was dismissed. There is no reason to further stay issuance of a writ of possession in the UD case. Grant motion to vacate stay. gmr

  • Hearing

    Jun 17, 2010

KAREE RAMDASS VS. SELECT PORTFOLIO SERVICING INC

The remedies plaintiff seeks are monetary damages and quiet title to the subject property. The civil action was filed on April 23, 2010. The unlawful detainer action was apparently also filed on that date. In that action, Bank seeks possession of the subject property. Plaintiff argues that consolidation is appropriate as both actions involve many of the same parties and some of the same issues, principally who has title to the subject real property.

  • Hearing

    Jun 17, 2010

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JACQUELINE JORDAN VS WELLS FARGO

Plaintiff is granted leave to amend, to file a Second Amended Complaint as to causes of action 1, 2 and 3 (to set aside the trusteee's sale, to cancel the trustee's deed and to quiet title), by no later than 6/23/10. No leave to amend is granted as to the 4th cause of action for an accounting. Since neither plainitff's counsel, nor plaintiff Ms. Jordan attended today's hearing, Mr.

  • Hearing

    Jun 02, 2010

  • Type

    Real Property

  • Sub Type

    other

PATRICK LOURIM VS. AMERICAN HOME MORTGAGE SERVICING INC

The remedies Lourim seeks are monetary damages and quiet title to the subject property. The civil action was filed on April 26, 2010. The unlawful detainer action was filed a couple of days thereafter, on April 29, 2010. In that action, Deutsche Bank seeks possession of the subject property. Lourim argues that consolidation is appropriate as both actions involve many of the same parties and some of the same issues, principally who has title to the subject real property.

  • Hearing

    Jun 02, 2010

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MCWHIRTER DISTRIBUTING CO., INC VS. DEVJIT ENTERPRISES, INC

The Court sustains the demurrer as to the 1st cause of action (quiet title), with leave to amend. The purpose of a quiet title action is to quell adverse claims (CCP §760.020). Here, plaintiff Devjit Enterprises, Inc. ("Devjit") has not identified in paragraphs 1-20 how the defendant Suttons, or the Blyumkins (or anyone esle) has asserted an "adverse claim" to the property. The pleading set forth facts showing any cloud on title.

  • Hearing

    May 28, 2010

MCWHIRTER DISTRIBUTING CO., INC VS. DEVJIT ENTERPRISES, INC

., the Suttons and the Blyumkin's Motion to Strike the entire cause of action for quiet title; and rejects the defendants' res judicata arguments, for the same reasons stated in its ruling on today's demurrer. 2. The statute of frauds (CC §1624) argument has no applicability to the quiet title cause of action, as the cause of action is alleged against the Suttons and Blyumkins only, not Dalex. 2. The Court's rulings on the requests for judicial notice are the same as are set forth in the demurrer ruling

  • Hearing

    May 28, 2010

RITA RABINOVICH VS. COUNTRIWIDE HOME LOANS INC ET AL

The 1st cause of action (quiet title) alleges that MERS and Recontrust did not have authority to foreclose which is contradicted by the properly judicially noticed deed of trust. The 2nd cause of action (wrongful foreclosure) must allege an ability and willingness to tender full payment. (Abdullah vs. U.S. Bank (1996) 43 Cal.App. 4th 1101.) As to the 3rd cause of action (fraudulent misrepresentation) plaintiff must plead a legally recognized duty and justifiable reliance.

  • Hearing

    May 17, 2010

GERALD J MATHEWS VS. CITIMORTGAGE, INC

Demurrer to the first cause of action for quiet title is sustained. A borrower may not maintain a quiet title action against a mortgagee without first paying the outstanding debt on which the subject mortgage is based. (Miller v. Provost (1994) 26 Cal.App.4th 1703, 1707; quoting Booth v. Hoskins (1988) 75 Cal. 271, 276.) Plaintiffs concede that they do not have the ability to repay both mortgages. (FAC, ¶ 16.) There is no indication that they will be able to do so in the future. (¶¶ 34-37.)

  • Hearing

    May 11, 2010

  • Type

    Real Property

  • Sub Type

    other

SYVIA ZULLI VS. MERS, MORTGAGE ELECTRONIC RECORDING SYSTEMS INC

The demurrer to the 7th cause of action to quiet title is sustained. The elements of a quiet title claim are not factually pled. In any complaint for quiet title must be verified.(CCP § 761.020). This FAC is not verified. The pleading based on "information and belief" and conclusory allegations is insufficient. There is no basis alleged for Plaintiff Zulli's title. 11. Whether or not punitive damages are properly alleged is a matter for a motion to strike so is not ruled upon.

  • Hearing

    Apr 27, 2010

  • Type

    Real Property

  • Sub Type

    other

FERMIN VS DEUTSCHE BANK

Combined with the fact that Ps' quiet title fails to allege that Ps were current on their note at the time of the foreclosure sale, or otherwise tendered the amount Ps claim was due and owing, the demurrer to Ps' quiet title action as alleged is well-taken. Sustain. 20 days leave to amend. gmr

  • Hearing

    Apr 19, 2010

  • Type

    Real Property

  • Sub Type

    other

IN THE MATTER OF ANICETO REYES ALVA

The Juniper Street property will be determined to either be an asset of the estate of decedent or not in the quiet title action. However, denying this petition and/or staying it until the outcome of the quiet title action leaves the estate without a personal representative and its interests unrepresented in the quiet title action. Petitioner's petition is sufficient. Notice has been given, publication has been made.

  • Hearing

    Apr 15, 2010

SCOTT NALICK VS CHRISTINA PIZARRO ET AL

Ontare Road and for quiet title. On 8/25/09 the case was set for trial on 4/20/10. The case was back on calendar in October relating to a motion to compel; it was back on calendar in November as to a motion seeking a protective order staying a deposition; it was back on calendar in January when plaintiff sought the opportunity to file a FAC; that motion was granted and the trial date was moved to June 22.

  • Hearing

    Apr 13, 2010

NUNGARAY VS LITTON LOAN

s motion to expunge the lis pendens recorded by Plaintiffs Ruben and Dora Nungaray on January 22, 2010, on the ground that (a) the sole cause of action in Plaintiffs' Complaint which potentially constitutes a "real property claim" as defined in Code of Civil Procedure § 405.4 is the third cause of action for quiet title; and (b) for the same reasons as stated in the Tentative Ruling on Defendants' concurrent demurrer to Plaintiffs' Complaint, Plaintiffs fail to state a cause of action for quiet title.

  • Hearing

    Apr 13, 2010

  • Type

    Real Property

  • Sub Type

    other

NUNGARAY VS LITTON LOAN

Plaintiffs are given leave to amend the third cause of action to state a claim for quiet title and/or to set aside the foreclosure sale on the Property.

  • Hearing

    Apr 13, 2010

  • Type

    Real Property

  • Sub Type

    other

CHARLES BUTLER ET AL VS WELLS FARGO BANK NA ET AL

Arch Bay demurs to the third cause of action for quiet title because plaintiffs have not stated facts which show the invalidity of the trustee’s deed, there is no allegation of tender and plaintiffs lack standing because they no longer have an interest in the property.

  • Hearing

    Apr 06, 2010

FELIX LUU VS. DUC C. LUU

NATURE OF PROCEEDINGS: TENTATIVE RULING** ON DEMURRERS Defendants' demurrers to the first (breach of contract) and second (quiet title) causes of action in the second amended complaint on the grounds of failure to state a cause of action are sustained.

  • Hearing

    Mar 25, 2010

  • Type

    Contract

  • Sub Type

    Breach

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