Preview
Bradley M. Matteoni (SBN 130958)
1
MATTEONI, O’LAUGHLIN & HECHTMAN
2 848 The Alameda
San Jose, CA 95126
3 Tel: (408) 293-4300
Fax: (408) 293-4004
4
Attorneys for Plaintiff
5
Michael Shannahan, trustee
6 of the Michael S. Shannahan
Separate Property Trust,
7 established U/D/T dated November 18, 2013
8
SUPERIOR COURT OF CALIFORNIA
9
COUNTY OF SAN MATEO
10
11
MICHAEL SHANNAHAN, TRUSTEE OF Case No.:
12
THE MICHAEL S. SHANNAHAN
13 SEPARATE PROPERTY TRUST, COMPLAINT TO QUIET TITLE TO
ESTABLISHED U/D/T DATED REAL PROPERTY
14 NOVEMBER 18, 2013
15 Plaintiff,
16
vs.
17
THE TESTATE AND INTESTATE
18 SUCCESSORS OF LUIGI CROCE,
DECEASED AND ALL PERSONS
19 CLAIMING BY, THROUGH OR UNDER
20 SUCH DECEDENT;
THE TESTATE AND INTESTATE
21 SUCCESSORS OF OLGA CROCE,
DECEASED AND ALL PERSONS
22 CLAIMING BY, THROUGH OR UNDER
SUCH DECEDENT;
23 ROSE ANGELA HOWARD aka ROSE
24 ANGELA CROCE aka ANGELA CROCE
aka ROSA ANGELA CROCE;
25 ALL PERSONS UNKNOWN CLAIMING
ANY LEGAL OR EQUITABLE RIGHT,
26 TITLE, ESTATE, LIEN OR INTEREST IN
THE PROPERTY DESCRIBED IN THE
27
COMPLAINT ADVERSE TO PLAINTIFF’S
28 FEE TITLE, OR ANY CLOUD ON
PLAINTIFF’S FEE TITLE THERETO; and
28
1
COMPLAINT TO QUIET TITLE TO REAL PROPERTY
DOES 1 through 100
1
2 Defendants.
3
4 Plaintiff alleges:
5 ALLEGATIONS COMMON TO ALL COUNTS
6 1. Plaintiff Michael Shannahan, trustee of the Michael S. Shannahan
7 Separate Property Trust, established U/D/T dated November 18, 2013 (“Plaintiff”) is a
8 resident of San Mateo County who owns real property in unincorporated San Mateo
9 County in the vicinity of Menlo Park, California.
10 2. Plaintiff is the owner of real property located at 1370 Sherman Ave,
11 Menlo Park, California, 94025 situated in San Mateo County, California, APN 074-051-
12 340 (“Shannahan Property”). A legal description of Shannahan Property is attached
13 hereto as Exhibit A.
14 3. Immediately to the rear of the Shannahan Property along its northerly
15 boundary is a tract of land approximately 3 ½ feet in width and 50 feet in length
16 (“Property In Dispute”). A legal description of the Property In Dispute is attached hereto
17 as Exhibit B.
18 4. Plaintiff has owned the Shannahan Property since October 6, 2010. At all
19 times that Plaintiff has owned the Shannahan Property, he has maintained a fence
20 (“Fence”) around the exterior of the Property In Dispute, thus incorporating it into the
21 Shannahan Property’s backyard and excluding all others from use, enjoyment and
22 possession of the Property In Dispute. Shannahan is informed and believes and on that
23 basis alleges that since at least 1975, his predecessors in interest have maintained a
24 Fence around the Property in Dispute thus incorporating it into the backyard of the
25 Shannahan Property. Attached hereto as Exhibit C is a survey of the Shannahan
26 Property and the Property in Dispute, with the Property In Dispute highlighted in yellow.
27 Plaintiff has at all times relevant hereto understood that the Property In Dispute was
28
28
2
COMPLAINT TO QUIET TITLE TO REAL PROPERTY
1 part of 1370 Sherman Ave of which Plaintiff is the owner in fee. By this action, Plaintiff
2 seeks to quiet title to the Property In Dispute.
3 5. Chicago Title Company has identified the last known recorded fee owner
4 of the Property In Dispute as Luigi Croce. Luigi Croce and his wife Victoria Croce aka
5 Vittoria Croce took title to the Property In Dispute as joint tenants on May 13, 1936.
6 See Deed from Wilbur E. Horne and Fannie Horne to Luigi Croce and Vittoria Croce
7 attached hereto as Exhibit D. Victoria Croce aka Vittoria Croce died on or about
8 November 10, 1942 and Luigi Croce as the surviving joint tenant became the sole
9 owner of the Property In Dispute. See Decree Establishing Death of Victoria Croce aka
10 Vittoria Croce attached hereto as Exhibit E.
11 6. Luigi Croce died on or about October 15, 1962, and left his entire estate
12 to his second wife Olga Croce, thus Luigi Croce’s interest in the Property In Dispute
13 would have passed to Olga Croce. See Decree of Distribution to Sole Distributee
14 attached hereto as Exhibit F.
15 7. However, in an abundance of caution, Plaintiff also denominates as
16 defendants herein “the testate and intestate successors of Luigi Croce, deceased and
17 all persons claiming by, through or under such decedent.” These defendants, and each
18 of them, claim some right, title, estate, lien, or interest in the Property In Dispute
19 adverse to Plaintiff’s title; and their claims, and each of them, constitute a cloud on the
20 Plaintiff’s title to the Property In Dispute.
21 8. Olga Croce died in February 2004 in San Mateo County. No probate file
22 was opened for her. See Certificate of No Probate attached hereto as Exhibit G.
23 9. At the time of her death, Plaintiff is informed and believes and on that
24 basis alleges that Olga Croce’s next of kin was her daughter Rose Angela Howard aka
25 Rose Angela Croce aka Angela Croce aka Rosa Angela Croce (“Rose Howard”).
26 10. Based on diligent research undertaken by Plaintiff and counsel hereto,
27 and as more specifically outlined above, Plaintiff is informed and believes and on that
28 basis alleges that Rose Howard is the intestate heir of Olga Croce and as such is
28
3
COMPLAINT TO QUIET TITLE TO REAL PROPERTY
1 named as an individual defendant herein. However, since no will or record of any
2 probate for Olga Croce has been located, Plaintiff also denominates as defendants
3 herein “the testate and intestate successors of Olga Croce, deceased and all persons
4 claiming by, through or under such decedent.” These defendants, and each of them,
5 claim some right, title, estate, lien, or interest in the Property In Dispute adverse to
6 Plaintiff’s title; and their claims, and each of them, constitute a cloud on the Plaintiff’s
7 title to the Property In Dispute.
8 11. Plaintiff is informed and believes and on that basis alleges that the
9 defendant Rose Howard is a resident of Redwood City, San Mateo County, California.
10 12. Plaintiff is ignorant of the true names and capacities of defendants sued
11 herein as Does 1 through 100 and therefore sues those defendants by such fictitious
12 names. Plaintiff will amend this complaint to allege their true names and capacities when
13 ascertained. Plaintiff is informed and believes and thereon alleges that each of the
14 fictitiously named defendants claims some right, title, estate, lien or interest in the
15 Property At Issue adverse to Plaintiff, and their claims constitute a cloud on Plaintiff’s
16 title. Plaintiff will seek leave of court to amend this Complaint to assert the true names
17 and capacities of the Doe defendants when that information is discovered.
18 FIRST CAUSE OF ACTION
19 (Quiet Title)
20 13. Plaintiff incorporates each of the allegations set forth in paragraphs 1
21 through 12.
22 14. Since no later than October 2010, and on information and belief since at
23 least 1975, the Property In Dispute has been fenced off and included in the yard of the
24 Shannahan Property thus preventing anyone else from entering or using same.
25 Moreover, Plaintiff has asserted exclusive ownership and control over the Property In
26 Dispute since Plaintiff’s purchase of the Shannahan Property in October 2010. More
27 specifically, Plaintiff has utilized the Property In Dispute as an extension of the yard of
28 Shannahan Property, including but not limited to maintaining the landscaping over the
28
4
COMPLAINT TO QUIET TITLE TO REAL PROPERTY
1 Property In Dispute, thus preventing anyone else from entering or using same. By
2 these actions, Plaintiff has asserted exclusive ownership over the Property In Dispute
3 for more than five years preceding the filing of this complaint. Furthermore, such
4 possession has been open, notorious, exclusive and hostile.
5 15. Plaintiff is informed and believes and on that basis alleges that Plaintiff
6 has been paying the taxes on the Property in Dispute since 2010 as the San Mateo
7 County Assessor Map/Tax Map at Book 74, page 5 (“Tax Map”) shows that the
8 Property In Dispute is included in the Shannahan Property for tax purposes. See
9 Exhibit H attached hereto which shows both the Shannahan Property and the Property
10 In Dispute as being included in APN 074-051-340 (highlighted in yellow on the exhibit).
11 According to the survey attached as Exhibit C, the westerly boundary of the
12 Shannahan Property is 121.53 feet in length. However, the Tax Map depicts the
13 westerly boundary of the Shannahan Property as measuring 125 feet in length,
14 meaning that the County Assessor has included the Property At Issue in the tax
15 assessment for the Shannahan Property. In the alternative, Plaintiff is informed and
16 believes and on that basis alleges, no taxes have been assessed against the Property
17 In Dispute since at least 1975 since no separate assessor parcel number has been
18 assigned to the Property In Dispute and more specifically no taxes have been
19 assessed against the Property In Dispute for the last five years.
20 16. Plaintiff is the owner of the underlying fee of the Property In Dispute
21 through Plaintiff’s actual, open, notorious, exclusive, hostile, and adverse possession of
22 the Property In Dispute for more than five years preceding the commencement of this
23 action, together with the fact that the property taxes for the Property in Dispute have
24 been paid by Plaintiff or no taxes have been assessed against the Property In Dispute.
25 17. Plaintiff seeks to quite title against all adverse claims of the defendants
26 (“Adverse Claims”), to wit:
27 18. The claims of the testate and intestate successors of Luigi Croce and
28 Olga Croce, deceased and all persons claiming by, through or under such decedents
28
5
COMPLAINT TO QUIET TITLE TO REAL PROPERTY
1 including but not limited to Rose Howard and the unknown testate and intestate
2 successors of Luigi Croce and Olga Croce.
3 19. The claims of all persons unknown, claiming any legal or equitable right,
4 title , estate, lien, or interest in the Property In Dispute described in the complaint
5 adverse to Plaintiff's title, or any cloud on Plaintiff's title thereto.
6 20. The Adverse Claims are without any right whatsoever. Defendants have
7 no right, title, estate, lien, or interest whatever in the Property In Dispute adverse
8 Plaintiff.
9 21 . Plaintiff seeks to quiet title as of the date of the filing of the complaint
10 herein.
11 WHEREFORE, Plaintiff prays for judgement as follows:
12 1. That Plaintiff is the owner in fee simple of the underlying fee of the
13 Property In Dispute and that no defendant has any interest in the Property In Dispute
14 adverse to Plaintiff;
15 2. For costs of suit incurred in this action;
16 3. For such other and further relief as the Court may deem just and proper.
17
18 Dated: June 5, 2023 MATTEONI, O'LAUGHLIN & HECHTMAN
19
20
21 By l},. ,_ltl~
BRADLE . MATTEONI
22
Attorneys for Plaintiff
23 Michael Shannahan, trustee
of the Michael S. Shannahan
24 Separate Property Trust, established U/0/T
dated November 18, 2013
25
26
27
28 Z.\C/ients\Shannahan, Michael\Pleadings\Complaint to Quiet Title. docx
6
COMPLAINT TO QUIET TITLE TO REAL PROPERTY
1 VERIFICATION
2
3 I, Michael Shannahan, trustee of the Michael S. Shannahan Separate Property
4 Trust, established U/Dff dated November 18, 2013, have read the foregoing complaint
5 and know the contents thereof. The same is true of my own knowledge, except as to
6 those matters that are therein alleged on information and belief, and as to those
7 matters, I believe them to be true.
8 I declare under penalty of perjury under the laws of the State of California that th
9 foregoing is true and correct and that this verification was executed on
10 ~ b 5 , 2023 in .2\&,.J:t £,a,/:(, Calttornia.
11
12
13
14 Michael Shannahan
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7
COMPLAINT TO QUIET TITLE TO REAL PROPERTY
EXHIBIT A
Legal Description of Shannahan Property
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN UNINCORPORATED
AREA OF COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AND IS DESCRIBED
AS FOLLOWS:
LOT 18, IN BLOCK 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED 'THE
ESCONDITE TRACT NEAR LELAND STANFORD JR. UNIVERSITY IN SAN MATEO
COUNTY, CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON
FEBRUARY 26, 1889, IN BOOK E OF THE ORIGINAL MAPS AT PAGE 33 AND
COPIED INTO BOOK 1 OF MAPS AT PAGE 95 THEREOF.
EXCEPTING THEREFROM THE NORTHERLY 3.5 FEET AS CONVEYED OTO
WILBER E. HORNE AND WIFE BY DEED RECORDED DECEMBER 14, 1935 IN
BOOK 666 AT PAGE 466 OF OFFICIAL RECORDS.
EXHIBIT B
Legal Description of the Property At Issue
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA IN COUNTY OF
SAN MATEO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
THE NORTHWESTERLY THREE AND ONE-HALF (3 ½) FEET, FRONT AND REAR MEASUREMENTS, OF LOT
NUMBERED 18, IN BLOCK NUMBERED 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED “THE ESCONDITE
TRACT NEAR LELAND STANFORD JR. UNIVERSITY IN SAN MATEO COUNTY, CALIFORNIA”, WHICH MAP
WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON
FEBRUARY 26, 1889, IN BOOK E OF THE ORIGINAL MAPS AT PAGE 33 AND COPIED INTO BOOK 1 OF MAPS
AT PAGE 95.
EXHIBIT C
SURVEYOR'S STAlEMENT
THIS MAP CORRECTLY REPRESENTS A SUR"1"Y MADE BY ME
LEGEND OR UNDER MY DIRECTION IN CONFORMANCE WITH THE
REQUIREMENTS OF THE LAND SUR"1"YORS ACT. THE
e FOUND AS NOTED ~ S' JOINT POlE BOUNDARY LINES SHOWN ON BASED ON A BOUNDARY SUR"1"Y
DONE BY WILSON LANO SUR"1"YS INC.
0 SET NAIL ANO ~ pp POWER POLE
3/♦- ALUMINUM TAG ~ UP UTILITY POLE 3/9/2023
O SET 5/8" REBAR );( TP TELEPHONE POLE
WllH CAP LS 5571 -$-- Ba.LARO
K£M\ETH D. \ILSON LS 5571 DATE
- - PROPERTY LINE
----- TIE LINE
®
I,.
VALVE
HCP SYMBOL
BENCHMARK
-
.... ELEVATIONS FOR THIS SLllVEY ARE BASED ON ELEVATON
-SS- UG SEWER LINE ~GN
OF 501.93' AT CONTROL PONT 1239.
-w- UG WATER LINE TRAFAC ARROWS
-G- UG GAS LINE
-ff+- UG PHONE LINE
@ SANITARY SEWER MANHOI...£
@ STORM DRAIN MANHOLE
GENERAL NOTES
- E- UG ElEC LINE 1. TREE SIZES ANO TYPES ARE APPROXl'1A TE ANO
-0H- OVERHEAD LINE © COMMUNICATION MANHOl.£ SHCO.D BE VERFED BY A CERTFED ARBORIST.
~
*
PERC TEST 2. FNSH FLOOR ELEVA TKlNS ARE TAKEN AT DOOR
[ ] g~~H00 Jrc IRR ,e, FIR£ HYDRANT Tfff:SHOLDS.
3. BLI.DN3 CORt-ERS WERE LOCATED AT FNSH
@ SEWER CLEANOOT LOCATIONS CSTLCCO, BLOC!< OR WOOD AS IT EXSTS N
DOC #2009-086948 O.R. TRAFFIC SIGNAL
LAMP POST $ SURVEY CONTROL POINT HE FELD>.
----CHAIN LINK [@ lliC METER
~ WIRE FENCE
GUYWIRE
l!!!J GAS METER
I!!] WATER METER
UNDERGROUND UTILITY NOTE
'
_- • CONCRETE 04t LIGHT POLE AND LIGHT LNJERGROLND UTUTY UES, F SKlWN. DEPCT OlR
ESTt1ATION OF WI-ERE TIE ACTUAL Lt£S MAY EE
llffl DROP INLET LOCATED. TI£ UES WERE DETERf'MO BY COf\lECTN3
~ PAVERS ~ MAILBOX
VISB.E UTllJTY APPU<:ES Aloi) ALSO 8Y USNl
PANTED MARKN!S PLACED BY OT1£RS. TI£ LN>ERGROl.N}
UTUTES MAY OR MAY NJT BE AS DEPICTED ON TI-IS
T77 BUILDING Sl.RVEY. NJ LIABIJTY IS ACCEPTED FOR ANY
DISCREPAl'CES. CHSSONS OR ERRORS WITH REGARD TO
rs.ill~~ ~g D.R. SAD l...NlERGRC1Jt. UTUTY OEPCTONS ON THS Sl.RVEY.
F NJ K!CATON OF SEWER LNES AR£ SH)WN, TIEN
Tf-ERE WERE NO VISIEI..E MARKN3S OR NJCATONS OF ANY
SEWER APPLRTENA~ ON TI£ SITE. CHER RECORDS
MAY EXIST THAT PROVOE EVOOCE OF SEWER LATERAL
U:X:ATONS.
ABBREVIAllONS
FF
C.R.
FINISH FLOOR ELEVATION
SAN MATEO COUNTY ORIGINAL RECORDS SETBACK LtES NOTE
l3ULDINl3 SETBACK LIIES WERE NOT SHOWN ON THIS MAP
CEVEN IF Tl£Y ARE SHOWN ON Tf£ ORl(ljNAL TRACT MAPl.
THE DESKlNER SHOU.D CfECK WITH TIE APPROPRIATE
AUTHORITY TO DETERtfl: llULD!NG SETBACK LINES.
DOC #2022-051695 O.R. llllE REPORT NOlE
LOT 19 EASEl'ENTS SHOWN ARE BASED ON A TITLE REPORT
RESIDENCE 1 M 95 PREPARED BY CHICAGO TITLE COl'PANY DATED
DECEl'SER 22, 2010.
Elevation Descri tion
501.93 CP N+T
498.17 CP SPIKE
I 499.21 CP NL
498.65 CP SPIKE
Email: kr.nw@wilsonlandsurveys.com
www.wi lsonlandsurvr.ys.com
TOPOGRAPHIC SURVEY
AS REQUESTED BY:
MIKE SHANNAHAN
GRAPHIC SCALE
5 10 20
I
n-a,.._IRIJIID'IIII_Clfl
-.....o1--•--
.........
,,........e1,.......
:=::i:.1!:..
.~ .... LEGAL DESCRPOON: DOC. #202.1-113762 OR., COUNTY OF SAN
MATEO, STATE CF CALFORNA
be~l'l ..... ,.IIIJ!Otfl:irq
.... _ ~ ............ a#oltr
of ...... LnS...,..
--~
~ xm---.a.~ APN: 323-633- 34)
( IN FEET ) ...,.UNS....,..._Altrti,,111
......... c....,, ........ ..
1 inch '=- 10 fL
...... ......... ...
_.,.. ,...."T~
. . . . . . . . . . ,,.., . . . ia,g
SYwr Ill' W....LlnlS.,...,., Loa
0A TE, DECDSER 2022
SITE AOORESS: 1370 9-£Rl'1AN AVE, l"EN....O PARK, CA
DRAWN BY: SCALE "-HER PRO.£CT Sl£ET
ARO 1••10' -220 D--085 1 ~ 1
EXHIBIT D
f~4-
l:~~'Y2, ·· a oorpoi-et10ll u
.tN•te~
and , T, J. _ HOWARD ae 'bent1;1c1ary, dated lilarcb 2nd, 1931, and
r-00N1eo Xarob . 7tli 1931, 10 Book 490, P&8" 184 of 01'!1c1&l Records, 1n tile o1'fico of th& County
Reeol'der of th; Count7 of San_, llate<> S~ate ot Ca.111'orn1a, - peroby gives notice that a breach or
the o'bl1gat1on tor . llhich auch tr&nstcr .1n· trust 1e aecurity has occurred, the nature of such
bNacb. belng·thli. ta1lure to -~ pay pr1o~1pal ru:id interest when duo and that the benei'ic1a.ry
•1 . .til to aell or :•aau1e to ~• aold tbe truat property to sat:1d'y said obligat1on,
0
!' •Datedt Karch 6th, l95e,
T J Howard
ReooJ'ded at l'•~•a~
ot ,San llati,o County T1.tle Compar.y llar 5 19315 11t 50 min, put 9 A, 1,f. San
lfatao COW1ty Reool'dJI. T. c. R1ee, Recorder a,. 'Ed.1th !l. Lotto, D.,·putf Recorder
_E, 1111i1ar, Copy1/ii '. c0111pared and correotio_n a OK,n;, , .;.,...~....-;,;;;::.;,:, ~ . - ? 4858C-
Copyi~t•~ llote: :u ·,1'1Jllnga in above aue u origin.J.. •, 4
lI .
. . • • ' ' l,11!,J.(El,!El,!E].fE!,IEII.EJ,!F.:,di:!~EMEllEME
. IN THE lf.UtlICIPlL COURT OF THE ClTY ANO COUNTY
l:I. •• Sla.l"Rl.DO~, • ·
;bl'
SAN FRANCISCO, STATE OF CALH'OIUUA
llo. 89213-4
I
j Plaintirt, ABSTRACT .OF J'JOOMENT
1 n, . FES 28 1936
t J, O. ·D~I!tlH.l.lWl'., · at 11, -.
I. .
Judpant Creditor H. I',. SELFRIDGE,
.. Data11d&ni.
,
l .fucipent DoJb);O!:_ J. o._:
DEQBll~T and DOJtOTm' DEO~HARDT
Amount. or J'udpent' $128,.10 Dluug9s_, ~.37 interest, $14.BO costs and $_ attorney tece.
Entered _in Minute Book,· Vol No, 29. at page :228 on Feb:•uary 24, 1936
• I CERTIFY that the aboY11 1 ■ a true and correct abatraet of the judgment entered .ln the
abo•• entltl•d oa•••
; .P.,ta ot 1Hiuana"e or this ab1tro.ct ~EB ?8 19::16 1 193
I (SEAL. ·oF NTJNICIPAL COURT OF THE CI'l'Y AND) ROBKRT W. DENNIS
1· (COUNTY Of' SAN P'IWICISCO, CAL., - · Clerk or o{ the City and CoUlltJ of
Municipal qourt,
. . . · San Fraa~i~eo, State or Callfornlo..
1
!3y lven ~ Slav1.c h Deputy Cleric.
I Raool'd-• d, at raqilHt ,or- Retailer• Credit be•n ors. F. Inc, liar 5 1936 at 52 min, past 9 A;M,
·- 1· ~ -llatao Co~n_tJ .~Mord•• T.•• c. R1c•.• Recorder By
,
1'• .lftll•l', c0py11t· Coapared and eorreotiona
• • t
,
• ; _- .
Deputy Recorder
•
-748590-
• o •
O~.-~---
.._ · .,
7V!Jl~••'l1i'El!DlDtata!El,!EllEM
I"►/""' ( .
•
4
ts.oo u.s. I,R, Iloc • . Stamp canoelled ; OMIIT DEED ( Joint '.l'enan01 I
., 'ior valui' nod~;d:\ 'IE, 'IIILBUR . E. HORNE 11.lld .FANNIE HORNE, hu11baJ1d .and wife, GRANT to LUIGI
CROCK and· VITTORIA CROCE, -~eband -~ d wire, &a JOIN'l' TENANTS all that 'real property situate in
the ·o~t',. ot' ' S&n-,ll•t•o,' State ot Cil.itornti, described &8 rol.101111:
:.'., ~t.• . · ~ • • ~ ··,~taan'. (16 I and_ Hveritoen ' (17 ). and tho . North w.&eterly thre~ and one-half'
•.(~ -) !Ht, tr011t .and 'l'tlar meuur8111enta, or Lot mmbered eighteen (18) in Block numbered
I
. :·· 'two (2) ' a1 ■batin - .on , that c-ortain 1118.p ·,fotltled "'l'be ,Eacond1te Tract liear tho Leland
St&n!ord .t~~·'u,,1,,.r•1t:, in San Mateo County, Cal1rornia" .ftled in tha ornce· of the
c'ountr R:oordei- ·or
_..San lfateo County on Pebruar,- 26, 1899, 1n Boole "E" of Original Mapa ,
, ,at page· 35,: a'n d .~opled 1nto Boolt ·1 or llapa at page 95, ·
wrmss ou.r ' hdda th1, .5th day ot lluch, 1Q36,
, .Wilbur, E. Homa.
S'l'A.'l'E OP C.lLIFOIUII.l P•nn1e Horne
;• Coitntf ot San ••t•o )ea." · .
. ' Oi. lfarch fi, •119M, bet'ore ;lla, H.:. E,1. . HIGGINS, ·a Notlll'y Public in and for Hid County and
State,. per1onally ap-pur1<1 .- WILBUR_H. HORNE 11ne1 FAIDIIE HO!lME known to ae to be the poraona whoae
I nuiea are _aub1orl'bed to the , ,rithin 1natrument, and i.olcnowledged to 1119 that they exeoutad the
·1 · - · f SUL H~. E~ _HIGO I~, IIO'rARY PUBLIC) HE Higgins Notary Public 1n a.nd for tho County or
·(SAN MATEO CO;,, CA.LI.I',) San Mateo, State of' California.
lfr Commia11on ■Jtpif•• Ausust 10, 1936
R•!)ol'ded at Nque■ i" o"r San ·»•tao Count,- Title Company Kar 5 19~6 at 55 min, put 9 A.M. San
llat ■o County R.eoorda! .'l'.' 'c,
!lice, R•~order B:,- Edi ~h E, L&tts, Deputy Recorder
I:, Millar, Cop~■t C~!'•d and correctiona OK ~ -?4860C-
,· /111· -~,... ,~,
" ·· EIID!E!:,'.EMEl,IEl!EJ,I EMD.JEl,!El,:D!EMEM
IN THI VUIIICIP_.lL COURT, OP THB CITY AND COUNTY OP . SAN FRANCISCO, STATE OF CAL!PO:lNIA.
STIIILIHO ill.JUSTID:il,' COKPJ.n a oorporatlon Ho. 8676l
I
Pl&1nt1tr, ABSTRACT OF JUOOMZNT
II . •••
1 r· o. • · ·
.
J(?l!Nso11 ctq'l'HINO COIIPANY, oLI.V'ER L. JO!iNSON
' ,• . Det&Ddant_, _, 1
- - - --~tt.r,~VOL. 4.'.')a,a: .. ~..:>,.
/
c:i
I.~dpaat
1
Judci'a■nt CNd~tor ,S!ERLI!fO A.DJUSTIIENT COMPA.NY, • . eorpor;at1on,
D•bt_ot,; CL~V~ · t. JOlllfSON _ .
1
· .: ui~t. ·or ~ -t ,f ~ ~7.§Q ,Da;nag,,, $_ 1nter11at; $12. 50 co11ta and $50,00 attomey fees. ILS
lnterad In ll'inute :flook, Vol~· No, 21 a't page 475 on Jan_ 7 19:.S6
,., ."t Clll:RTIPY tbat( ,t he · aboTe'ia IL tl'Ue and correct ab■ tract of tho judgment entered in the aboye
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Bradley M. Matteoni (SBN 130958) 1 MATTEONI, O’LAUGHLIN & HECHTMAN 2 848 The Alameda San Jose, CA 95126 3 Tel: (408) 293-4300 Fax: (408) 293-4004 4 Attorneys for Plaintiff 5 Michael Shannahan, trustee 6 of the Michael S. Shannahan Separate Property Trust, 7 established U/D/T dated November 18, 2013 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN MATEO 10 11 MICHAEL SHANNAHAN, TRUSTEE OF Case No.: 12 THE MICHAEL S. SHANNAHAN 13 SEPARATE PROPERTY TRUST, COMPLAINT TO QUIET TITLE TO ESTABLISHED U/D/T DATED REAL PROPERTY 14 NOVEMBER 18, 2013 15 Plaintiff, 16 vs. 17 THE TESTATE AND INTESTATE 18 SUCCESSORS OF LUIGI CROCE, DECEASED AND ALL PERSONS 19 CLAIMING BY, THROUGH OR UNDER 20 SUCH DECEDENT; THE TESTATE AND INTESTATE 21 SUCCESSORS OF OLGA CROCE, DECEASED AND ALL PERSONS 22 CLAIMING BY, THROUGH OR UNDER SUCH DECEDENT; 23 ROSE ANGELA HOWARD aka ROSE 24 ANGELA CROCE aka ANGELA CROCE aka ROSA ANGELA CROCE; 25 ALL PERSONS UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, 26 TITLE, ESTATE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THE 27 COMPLAINT ADVERSE TO PLAINTIFF’S 28 FEE TITLE, OR ANY CLOUD ON PLAINTIFF’S FEE TITLE THERETO; and 28 1 COMPLAINT TO QUIET TITLE TO REAL PROPERTY DOES 1 through 100 1 2 Defendants. 3 4 Plaintiff alleges: 5 ALLEGATIONS COMMON TO ALL COUNTS 6 1. Plaintiff Michael Shannahan, trustee of the Michael S. Shannahan 7 Separate Property Trust, established U/D/T dated November 18, 2013 (“Plaintiff”) is a 8 resident of San Mateo County who owns real property in unincorporated San Mateo 9 County in the vicinity of Menlo Park, California. 10 2. Plaintiff is the owner of real property located at 1370 Sherman Ave, 11 Menlo Park, California, 94025 situated in San Mateo County, California, APN 074-051- 12 340 (“Shannahan Property”). A legal description of Shannahan Property is attached 13 hereto as Exhibit A. 14 3. Immediately to the rear of the Shannahan Property along its northerly 15 boundary is a tract of land approximately 3 ½ feet in width and 50 feet in length 16 (“Property In Dispute”). A legal description of the Property In Dispute is attached hereto 17 as Exhibit B. 18 4. Plaintiff has owned the Shannahan Property since October 6, 2010. At all 19 times that Plaintiff has owned the Shannahan Property, he has maintained a fence 20 (“Fence”) around the exterior of the Property In Dispute, thus incorporating it into the 21 Shannahan Property’s backyard and excluding all others from use, enjoyment and 22 possession of the Property In Dispute. Shannahan is informed and believes and on that 23 basis alleges that since at least 1975, his predecessors in interest have maintained a 24 Fence around the Property in Dispute thus incorporating it into the backyard of the 25 Shannahan Property. Attached hereto as Exhibit C is a survey of the Shannahan 26 Property and the Property in Dispute, with the Property In Dispute highlighted in yellow. 27 Plaintiff has at all times relevant hereto understood that the Property In Dispute was 28 28 2 COMPLAINT TO QUIET TITLE TO REAL PROPERTY 1 part of 1370 Sherman Ave of which Plaintiff is the owner in fee. By this action, Plaintiff 2 seeks to quiet title to the Property In Dispute. 3 5. Chicago Title Company has identified the last known recorded fee owner 4 of the Property In Dispute as Luigi Croce. Luigi Croce and his wife Victoria Croce aka 5 Vittoria Croce took title to the Property In Dispute as joint tenants on May 13, 1936. 6 See Deed from Wilbur E. Horne and Fannie Horne to Luigi Croce and Vittoria Croce 7 attached hereto as Exhibit D. Victoria Croce aka Vittoria Croce died on or about 8 November 10, 1942 and Luigi Croce as the surviving joint tenant became the sole 9 owner of the Property In Dispute. See Decree Establishing Death of Victoria Croce aka 10 Vittoria Croce attached hereto as Exhibit E. 11 6. Luigi Croce died on or about October 15, 1962, and left his entire estate 12 to his second wife Olga Croce, thus Luigi Croce’s interest in the Property In Dispute 13 would have passed to Olga Croce. See Decree of Distribution to Sole Distributee 14 attached hereto as Exhibit F. 15 7. However, in an abundance of caution, Plaintiff also denominates as 16 defendants herein “the testate and intestate successors of Luigi Croce, deceased and 17 all persons claiming by, through or under such decedent.” These defendants, and each 18 of them, claim some right, title, estate, lien, or interest in the Property In Dispute 19 adverse to Plaintiff’s title; and their claims, and each of them, constitute a cloud on the 20 Plaintiff’s title to the Property In Dispute. 21 8. Olga Croce died in February 2004 in San Mateo County. No probate file 22 was opened for her. See Certificate of No Probate attached hereto as Exhibit G. 23 9. At the time of her death, Plaintiff is informed and believes and on that 24 basis alleges that Olga Croce’s next of kin was her daughter Rose Angela Howard aka 25 Rose Angela Croce aka Angela Croce aka Rosa Angela Croce (“Rose Howard”). 26 10. Based on diligent research undertaken by Plaintiff and counsel hereto, 27 and as more specifically outlined above, Plaintiff is informed and believes and on that 28 basis alleges that Rose Howard is the intestate heir of Olga Croce and as such is 28 3 COMPLAINT TO QUIET TITLE TO REAL PROPERTY 1 named as an individual defendant herein. However, since no will or record of any 2 probate for Olga Croce has been located, Plaintiff also denominates as defendants 3 herein “the testate and intestate successors of Olga Croce, deceased and all persons 4 claiming by, through or under such decedent.” These defendants, and each of them, 5 claim some right, title, estate, lien, or interest in the Property In Dispute adverse to 6 Plaintiff’s title; and their claims, and each of them, constitute a cloud on the Plaintiff’s 7 title to the Property In Dispute. 8 11. Plaintiff is informed and believes and on that basis alleges that the 9 defendant Rose Howard is a resident of Redwood City, San Mateo County, California. 10 12. Plaintiff is ignorant of the true names and capacities of defendants sued 11 herein as Does 1 through 100 and therefore sues those defendants by such fictitious 12 names. Plaintiff will amend this complaint to allege their true names and capacities when 13 ascertained. Plaintiff is informed and believes and thereon alleges that each of the 14 fictitiously named defendants claims some right, title, estate, lien or interest in the 15 Property At Issue adverse to Plaintiff, and their claims constitute a cloud on Plaintiff’s 16 title. Plaintiff will seek leave of court to amend this Complaint to assert the true names 17 and capacities of the Doe defendants when that information is discovered. 18 FIRST CAUSE OF ACTION 19 (Quiet Title) 20 13. Plaintiff incorporates each of the allegations set forth in paragraphs 1 21 through 12. 22 14. Since no later than October 2010, and on information and belief since at 23 least 1975, the Property In Dispute has been fenced off and included in the yard of the 24 Shannahan Property thus preventing anyone else from entering or using same. 25 Moreover, Plaintiff has asserted exclusive ownership and control over the Property In 26 Dispute since Plaintiff’s purchase of the Shannahan Property in October 2010. More 27 specifically, Plaintiff has utilized the Property In Dispute as an extension of the yard of 28 Shannahan Property, including but not limited to maintaining the landscaping over the 28 4 COMPLAINT TO QUIET TITLE TO REAL PROPERTY 1 Property In Dispute, thus preventing anyone else from entering or using same. By 2 these actions, Plaintiff has asserted exclusive ownership over the Property In Dispute 3 for more than five years preceding the filing of this complaint. Furthermore, such 4 possession has been open, notorious, exclusive and hostile. 5 15. Plaintiff is informed and believes and on that basis alleges that Plaintiff 6 has been paying the taxes on the Property in Dispute since 2010 as the San Mateo 7 County Assessor Map/Tax Map at Book 74, page 5 (“Tax Map”) shows that the 8 Property In Dispute is included in the Shannahan Property for tax purposes. See 9 Exhibit H attached hereto which shows both the Shannahan Property and the Property 10 In Dispute as being included in APN 074-051-340 (highlighted in yellow on the exhibit). 11 According to the survey attached as Exhibit C, the westerly boundary of the 12 Shannahan Property is 121.53 feet in length. However, the Tax Map depicts the 13 westerly boundary of the Shannahan Property as measuring 125 feet in length, 14 meaning that the County Assessor has included the Property At Issue in the tax 15 assessment for the Shannahan Property. In the alternative, Plaintiff is informed and 16 believes and on that basis alleges, no taxes have been assessed against the Property 17 In Dispute since at least 1975 since no separate assessor parcel number has been 18 assigned to the Property In Dispute and more specifically no taxes have been 19 assessed against the Property In Dispute for the last five years. 20 16. Plaintiff is the owner of the underlying fee of the Property In Dispute 21 through Plaintiff’s actual, open, notorious, exclusive, hostile, and adverse possession of 22 the Property In Dispute for more than five years preceding the commencement of this 23 action, together with the fact that the property taxes for the Property in Dispute have 24 been paid by Plaintiff or no taxes have been assessed against the Property In Dispute. 25 17. Plaintiff seeks to quite title against all adverse claims of the defendants 26 (“Adverse Claims”), to wit: 27 18. The claims of the testate and intestate successors of Luigi Croce and 28 Olga Croce, deceased and all persons claiming by, through or under such decedents 28 5 COMPLAINT TO QUIET TITLE TO REAL PROPERTY 1 including but not limited to Rose Howard and the unknown testate and intestate 2 successors of Luigi Croce and Olga Croce. 3 19. The claims of all persons unknown, claiming any legal or equitable right, 4 title , estate, lien, or interest in the Property In Dispute described in the complaint 5 adverse to Plaintiff's title, or any cloud on Plaintiff's title thereto. 6 20. The Adverse Claims are without any right whatsoever. Defendants have 7 no right, title, estate, lien, or interest whatever in the Property In Dispute adverse 8 Plaintiff. 9 21 . Plaintiff seeks to quiet title as of the date of the filing of the complaint 10 herein. 11 WHEREFORE, Plaintiff prays for judgement as follows: 12 1. That Plaintiff is the owner in fee simple of the underlying fee of the 13 Property In Dispute and that no defendant has any interest in the Property In Dispute 14 adverse to Plaintiff; 15 2. For costs of suit incurred in this action; 16 3. For such other and further relief as the Court may deem just and proper. 17 18 Dated: June 5, 2023 MATTEONI, O'LAUGHLIN & HECHTMAN 19 20 21 By l},. ,_ltl~ BRADLE . MATTEONI 22 Attorneys for Plaintiff 23 Michael Shannahan, trustee of the Michael S. Shannahan 24 Separate Property Trust, established U/0/T dated November 18, 2013 25 26 27 28 Z.\C/ients\Shannahan, Michael\Pleadings\Complaint to Quiet Title. docx 6 COMPLAINT TO QUIET TITLE TO REAL PROPERTY 1 VERIFICATION 2 3 I, Michael Shannahan, trustee of the Michael S. Shannahan Separate Property 4 Trust, established U/Dff dated November 18, 2013, have read the foregoing complaint 5 and know the contents thereof. The same is true of my own knowledge, except as to 6 those matters that are therein alleged on information and belief, and as to those 7 matters, I believe them to be true. 8 I declare under penalty of perjury under the laws of the State of California that th 9 foregoing is true and correct and that this verification was executed on 10 ~ b 5 , 2023 in .2\&,.J:t £,a,/:(, Calttornia. 11 12 13 14 Michael Shannahan 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 COMPLAINT TO QUIET TITLE TO REAL PROPERTY EXHIBIT A Legal Description of Shannahan Property THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN UNINCORPORATED AREA OF COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 18, IN BLOCK 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED 'THE ESCONDITE TRACT NEAR LELAND STANFORD JR. UNIVERSITY IN SAN MATEO COUNTY, CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON FEBRUARY 26, 1889, IN BOOK E OF THE ORIGINAL MAPS AT PAGE 33 AND COPIED INTO BOOK 1 OF MAPS AT PAGE 95 THEREOF. EXCEPTING THEREFROM THE NORTHERLY 3.5 FEET AS CONVEYED OTO WILBER E. HORNE AND WIFE BY DEED RECORDED DECEMBER 14, 1935 IN BOOK 666 AT PAGE 466 OF OFFICIAL RECORDS. EXHIBIT B Legal Description of the Property At Issue THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA IN COUNTY OF SAN MATEO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THE NORTHWESTERLY THREE AND ONE-HALF (3 ½) FEET, FRONT AND REAR MEASUREMENTS, OF LOT NUMBERED 18, IN BLOCK NUMBERED 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED “THE ESCONDITE TRACT NEAR LELAND STANFORD JR. UNIVERSITY IN SAN MATEO COUNTY, CALIFORNIA”, WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON FEBRUARY 26, 1889, IN BOOK E OF THE ORIGINAL MAPS AT PAGE 33 AND COPIED INTO BOOK 1 OF MAPS AT PAGE 95. EXHIBIT C SURVEYOR'S STAlEMENT THIS MAP CORRECTLY REPRESENTS A SUR"1"Y MADE BY ME LEGEND OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE LAND SUR"1"YORS ACT. THE e FOUND AS NOTED ~ S' JOINT POlE BOUNDARY LINES SHOWN ON BASED ON A BOUNDARY SUR"1"Y DONE BY WILSON LANO SUR"1"YS INC. 0 SET NAIL ANO ~ pp POWER POLE 3/♦- ALUMINUM TAG ~ UP UTILITY POLE 3/9/2023 O SET 5/8" REBAR );( TP TELEPHONE POLE WllH CAP LS 5571 -$-- Ba.LARO K£M\ETH D. \ILSON LS 5571 DATE - - PROPERTY LINE ----- TIE LINE ® I,. VALVE HCP SYMBOL BENCHMARK - .... ELEVATIONS FOR THIS SLllVEY ARE BASED ON ELEVATON -SS- UG SEWER LINE ~GN OF 501.93' AT CONTROL PONT 1239. -w- UG WATER LINE TRAFAC ARROWS -G- UG GAS LINE -ff+- UG PHONE LINE @ SANITARY SEWER MANHOI...£ @ STORM DRAIN MANHOLE GENERAL NOTES - E- UG ElEC LINE 1. TREE SIZES ANO TYPES ARE APPROXl'1A TE ANO -0H- OVERHEAD LINE © COMMUNICATION MANHOl.£ SHCO.D BE VERFED BY A CERTFED ARBORIST. ~ * PERC TEST 2. FNSH FLOOR ELEVA TKlNS ARE TAKEN AT DOOR [ ] g~~H00 Jrc IRR ,e, FIR£ HYDRANT Tfff:SHOLDS. 3. BLI.DN3 CORt-ERS WERE LOCATED AT FNSH @ SEWER CLEANOOT LOCATIONS CSTLCCO, BLOC!< OR WOOD AS IT EXSTS N DOC #2009-086948 O.R. TRAFFIC SIGNAL LAMP POST $ SURVEY CONTROL POINT HE FELD>. ----CHAIN LINK [@ lliC METER ~ WIRE FENCE GUYWIRE l!!!J GAS METER I!!] WATER METER UNDERGROUND UTILITY NOTE ' _- • CONCRETE 04t LIGHT POLE AND LIGHT LNJERGROLND UTUTY UES, F SKlWN. DEPCT OlR ESTt1ATION OF WI-ERE TIE ACTUAL Lt£S MAY EE llffl DROP INLET LOCATED. TI£ UES WERE DETERf'MO BY COf\lECTN3 ~ PAVERS ~ MAILBOX VISB.E UTllJTY APPU<:ES Aloi) ALSO 8Y USNl PANTED MARKN!S PLACED BY OT1£RS. TI£ LN>ERGROl.N} UTUTES MAY OR MAY NJT BE AS DEPICTED ON TI-IS T77 BUILDING Sl.RVEY. NJ LIABIJTY IS ACCEPTED FOR ANY DISCREPAl'CES. CHSSONS OR ERRORS WITH REGARD TO rs.ill~~ ~g D.R. SAD l...NlERGRC1Jt. UTUTY OEPCTONS ON THS Sl.RVEY. F NJ K!CATON OF SEWER LNES AR£ SH)WN, TIEN Tf-ERE WERE NO VISIEI..E MARKN3S OR NJCATONS OF ANY SEWER APPLRTENA~ ON TI£ SITE. CHER RECORDS MAY EXIST THAT PROVOE EVOOCE OF SEWER LATERAL U:X:ATONS. ABBREVIAllONS FF C.R. FINISH FLOOR ELEVATION SAN MATEO COUNTY ORIGINAL RECORDS SETBACK LtES NOTE l3ULDINl3 SETBACK LIIES WERE NOT SHOWN ON THIS MAP CEVEN IF Tl£Y ARE SHOWN ON Tf£ ORl(ljNAL TRACT MAPl. THE DESKlNER SHOU.D CfECK WITH TIE APPROPRIATE AUTHORITY TO DETERtfl: llULD!NG SETBACK LINES. DOC #2022-051695 O.R. llllE REPORT NOlE LOT 19 EASEl'ENTS SHOWN ARE BASED ON A TITLE REPORT RESIDENCE 1 M 95 PREPARED BY CHICAGO TITLE COl'PANY DATED DECEl'SER 22, 2010. Elevation Descri tion 501.93 CP N+T 498.17 CP SPIKE I 499.21 CP NL 498.65 CP SPIKE Email: kr.nw@wilsonlandsurveys.com www.wi lsonlandsurvr.ys.com TOPOGRAPHIC SURVEY AS REQUESTED BY: MIKE SHANNAHAN GRAPHIC SCALE 5 10 20 I n-a,.._IRIJIID'IIII_Clfl -.....o1--•-- ......... ,,........e1,....... :=::i:.1!:.. .~ .... LEGAL DESCRPOON: DOC. #202.1-113762 OR., COUNTY OF SAN MATEO, STATE CF CALFORNA be~l'l ..... ,.IIIJ!Otfl:irq .... _ ~ ............ a#oltr of ...... LnS...,.. --~ ~ xm---.a.~ APN: 323-633- 34) ( IN FEET ) ...,.UNS....,..._Altrti,,111 ......... c....,, ........ .. 1 inch '=- 10 fL ...... ......... ... _.,.. ,...."T~ . . . . . . . . . . ,,.., . . . ia,g SYwr Ill' W....LlnlS.,...,., Loa 0A TE, DECDSER 2022 SITE AOORESS: 1370 9-£Rl'1AN AVE, l"EN....O PARK, CA DRAWN BY: SCALE "-HER PRO.£CT Sl£ET ARO 1••10' -220 D--085 1 ~ 1 EXHIBIT D f~4- l:~~'Y2, ·· a oorpoi-et10ll u .tN•te~ and , T, J. _ HOWARD ae 'bent1;1c1ary, dated lilarcb 2nd, 1931, and r-00N1eo Xarob . 7tli 1931, 10 Book 490, P&8" 184 of 01'!1c1&l Records, 1n tile o1'fico of th& County Reeol'der of th; Count7 of San_, llate<> S~ate ot Ca.111'orn1a, - peroby gives notice that a breach or the o'bl1gat1on tor . llhich auch tr&nstcr .1n· trust 1e aecurity has occurred, the nature of such bNacb. belng·thli. ta1lure to -~ pay pr1o~1pal ru:id interest when duo and that the benei'ic1a.ry •1 . .til to aell or :•aau1e to ~• aold tbe truat property to sat:1d'y said obligat1on, 0 !' •Datedt Karch 6th, l95e, T J Howard ReooJ'ded at l'•~•a~ ot ,San llati,o County T1.tle Compar.y llar 5 19315 11t 50 min, put 9 A, 1,f. San lfatao COW1ty Reool'dJI. T. c. R1ee, Recorder a,. 'Ed.1th !l. Lotto, D.,·putf Recorder _E, 1111i1ar, Copy1/ii '. c0111pared and correotio_n a OK,n;, , .;.,...~....-;,;;;::.;,:, ~ . - ? 4858C- Copyi~t•~ llote: :u ·,1'1Jllnga in above aue u origin.J.. •, 4 lI . . . • • ' ' l,11!,J.(El,!El,!E].fE!,IEII.EJ,!F.:,di:!~EMEllEME . IN THE lf.UtlICIPlL COURT OF THE ClTY ANO COUNTY l:I. •• Sla.l"Rl.DO~, • · ;bl' SAN FRANCISCO, STATE OF CALH'OIUUA llo. 89213-4 I j Plaintirt, ABSTRACT .OF J'JOOMENT 1 n, . FES 28 1936 t J, O. ·D~I!tlH.l.lWl'., · at 11, -. I. . Judpant Creditor H. I',. SELFRIDGE, .. Data11d&ni. , l .fucipent DoJb);O!:_ J. o._: DEQBll~T and DOJtOTm' DEO~HARDT Amount. or J'udpent' $128,.10 Dluug9s_, ~.37 interest, $14.BO costs and $_ attorney tece. Entered _in Minute Book,· Vol No, 29. at page :228 on Feb:•uary 24, 1936 • I CERTIFY that the aboY11 1 ■ a true and correct abatraet of the judgment entered .ln the abo•• entltl•d oa••• ; .P.,ta ot 1Hiuana"e or this ab1tro.ct ~EB ?8 19::16 1 193 I (SEAL. ·oF NTJNICIPAL COURT OF THE CI'l'Y AND) ROBKRT W. DENNIS 1· (COUNTY Of' SAN P'IWICISCO, CAL., - · Clerk or o{ the City and CoUlltJ of Municipal qourt, . . . · San Fraa~i~eo, State or Callfornlo.. 1 !3y lven ~ Slav1.c h Deputy Cleric. I Raool'd-• d, at raqilHt ,or- Retailer• Credit be•n ors. F. Inc, liar 5 1936 at 52 min, past 9 A;M, ·- 1· ~ -llatao Co~n_tJ .~Mord•• T.•• c. R1c•.• Recorder By , 1'• .lftll•l', c0py11t· Coapared and eorreotiona • • t , • ; _- . Deputy Recorder • -748590- • o • O~.-~--- .._ · ., 7V!Jl~••'l1i'El!DlDtata!El,!EllEM I"►/""' ( . • 4 ts.oo u.s. I,R, Iloc • . Stamp canoelled ; OMIIT DEED ( Joint '.l'enan01 I ., 'ior valui' nod~;d:\ 'IE, 'IIILBUR . E. HORNE 11.lld .FANNIE HORNE, hu11baJ1d .and wife, GRANT to LUIGI CROCK and· VITTORIA CROCE, -~eband -~ d wire, &a JOIN'l' TENANTS all that 'real property situate in the ·o~t',. ot' ' S&n-,ll•t•o,' State ot Cil.itornti, described &8 rol.101111: :.'., ~t.• . · ~ • • ~ ··,~taan'. (16 I and_ Hveritoen ' (17 ). and tho . North w.&eterly thre~ and one-half' •.(~ -) !Ht, tr011t .and 'l'tlar meuur8111enta, or Lot mmbered eighteen (18) in Block numbered I . :·· 'two (2) ' a1 ■batin - .on , that c-ortain 1118.p ·,fotltled "'l'be ,Eacond1te Tract liear tho Leland St&n!ord .t~~·'u,,1,,.r•1t:, in San Mateo County, Cal1rornia" .ftled in tha ornce· of the c'ountr R:oordei- ·or _..San lfateo County on Pebruar,- 26, 1899, 1n Boole "E" of Original Mapa , , ,at page· 35,: a'n d .~opled 1nto Boolt ·1 or llapa at page 95, · wrmss ou.r ' hdda th1, .5th day ot lluch, 1Q36, , .Wilbur, E. Homa. S'l'A.'l'E OP C.lLIFOIUII.l P•nn1e Horne ;• Coitntf ot San ••t•o )ea." · . . ' Oi. lfarch fi, •119M, bet'ore ;lla, H.:. E,1. . HIGGINS, ·a Notlll'y Public in and for Hid County and State,. per1onally ap-pur1<1 .- WILBUR_H. HORNE 11ne1 FAIDIIE HO!lME known to ae to be the poraona whoae I nuiea are _aub1orl'bed to the , ,rithin 1natrument, and i.olcnowledged to 1119 that they exeoutad the ·1 · - · f SUL H~. E~ _HIGO I~, IIO'rARY PUBLIC) HE Higgins Notary Public 1n a.nd for tho County or ·(SAN MATEO CO;,, CA.LI.I',) San Mateo, State of' California. lfr Commia11on ■Jtpif•• Ausust 10, 1936 R•!)ol'ded at Nque■ i" o"r San ·»•tao Count,- Title Company Kar 5 19~6 at 55 min, put 9 A.M. San llat ■o County R.eoorda! .'l'.' 'c, !lice, R•~order B:,- Edi ~h E, L&tts, Deputy Recorder I:, Millar, Cop~■t C~!'•d and correctiona OK ~ -?4860C- ,· /111· -~,... ,~, " ·· EIID!E!:,'.EMEl,IEl!EJ,I EMD.JEl,!El,:D!EMEM IN THI VUIIICIP_.lL COURT, OP THB CITY AND COUNTY OP . SAN FRANCISCO, STATE OF CAL!PO:lNIA. STIIILIHO ill.JUSTID:il,' COKPJ.n a oorporatlon Ho. 8676l I Pl&1nt1tr, ABSTRACT OF JUOOMZNT II . ••• 1 r· o. • · · . J(?l!Nso11 ctq'l'HINO COIIPANY, oLI.V'ER L. JO!iNSON ' ,• . Det&Ddant_, _, 1 - - - --~tt.r,~VOL. 4.'.')a,a: .. ~..:>,. / c:i I.~dpaat 1 Judci'a■nt CNd~tor ,S!ERLI!fO A.DJUSTIIENT COMPA.NY, • . eorpor;at1on, D•bt_ot,; CL~V~ · t. JOlllfSON _ . 1 · .: ui~t. ·or ~ -t ,f ~ ~7.§Q ,Da;nag,,, $_ 1nter11at; $12. 50 co11ta and $50,00 attomey fees. ILS lnterad In ll'inute :flook, Vol~· No, 21 a't page 475 on Jan_ 7 19:.S6 ,., ."t Clll:RTIPY tbat( ,t he · aboTe'ia IL tl'Ue and correct ab■ tract of tho judgment entered in the aboye , . ■iiUtlacl oa ... ~ ·. ': . · . , · · · · . /¾ ·•·\r:P-,_t~ or·.~:.• ~·~ . !>( th:1,,. abtt,;._ot March -~, 193!1 '·. ROBERT. w. DD/NIS • • • • •;~J s~•~19~~- ;co:mrr ._oP;'fBE•CITY.,AND) . -· : ,c1,a1:1c or Mun_iolpa~ 9ourt, .or ' the · C1,ty and . ' •' ,. ,. :..· . · · CO · 1 " CISCOi~f~.":> <.--~·\\,':J;~/i __ .·, ~o~ty ot san. ~r&l)c1ac.o! · ~t~te o~ ·c!'~i"fo_rni'!-• l(J•L~. : ·•.:-,:i,~.-,,1:' ·~-u'", ,1-~ [~·,: -.Hy -;i;y~ )- ;8i ~T10b . !IP\ltf, Chrk. -~ .. .. ~~~ir-:~~~"7r,';-~ ;:.;. ~ .·t~ -~ ,-:::),.~.--- :;~~-~~;!.:.,. ri: .. · /;~ ~.:···2 ·.~.:~:.',..;.. --~t\ , ~= .~ t_~~ -· ~ ~ . ~ :;;t~~!1~~~;,i t:~tW· ~,~~~~~~v:'~~~: :1;~~1;-;:~.ti:·~~;:J~:i~~~f.~i_:~~~il;r:. 4!ffi···-~;~:~~- :U"\J•~· ~:t~:---.i•~~ :.:'. t.:~~ . "~·-~~~ ~-~.,~~ ~ ~.:1J· ·,,.-,. -.-.:~ . .:. .. • • • • ......• "9 • .... r-~-.-~. . ~ . . ~ :16