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1 DENNIS J. BYRNE (State Bar No. 94997)
LAW OFFICES OF DENNIS J. BYRNE
2 726 College A venue
Santa Rosa, California 95404
3 Telephone: (707) 571-1220
Facsimile: (707) 575-5929
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Attorney for Plaintiff
5 Maria Eugenia Garcia
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SONOMA
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MARIA EUGENIA GARCIA, Case No.
Plaintiff, VERIFIED COMPLAINT TO QUIET
11 TITLE
VS.
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DEMETRIO ROCHA and CONSUELO
ENRIQUEZ, (Unlimited Civil Case)
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Defendants.
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15 Plaintiff, Maria Eugenia Garcia (hereafter "Plaintiff') alleges:
16 1. The real property which is the subject of this action is located in Sonoma County,
17 California.
18 2. Plaintiff is the owner of the real property located at 313 Benj am ins Road, Santa
19 Rosa, California, Assessor's Parcel Number 183-250-028, (hereafter the "Property"). The
20 Property is more particularly described as follows:
21 BEGINNING AT THE MOST NORTHERLY CORNER OF THE PARCEL OF
LAND CONVEYED BY ADOLPH L. PIERINI AND WIFE TO VERNON P.
22 LOCKWOOD AND WIFE, BY DEED DATED NOVEMBER 26, 1952 AND
RECORDED DECEMBER 3, 1952 IN THE OFFICE OF THE COUNTY
23 RECORDER OF SONOMA COUNTY UNDER SERIAL NO. D-82476 AND
RUNNING THENCE SOUTH 24° 39' EAST AND ALONG THE
24 NORTHEASTERN LINE OF SAID PARCEL, A DISTANCE OF 167.84 FEET,
MORE OR LESS, TO THE MOST EASTERN CORNER OF SAID PARCEL;
25 THENCE SOUTH 65° 15' WEST AND ALONG THE CENTER OF BENJAMIN
ROAD, AKA BENJAMINS ROAD, A DISTANCE OF 131 FEET; THENCE
26 NORTH 24° 39' WEST AND PARALLEL WITH THE SAID NORTHEASTERN
Complaint To Quiet Title
LINE OF SAID PARCEL A DISTANCE OF 167.84 FEET, MORE OR LESS,
TO A POINT ON THE NORTHERN LINE OF SAID LOCKWOOD PARCEL;
2 THENCE NORTH 75° 55' EAST AND ALONG THE NORTHERN LINE OF
SAID LOCKWOOD PARCEL A DISTANCE OF 131 FEET, MORE OR LESS,
3 TO THE POINT OF BEGINNING AND BEING A PORTION OF SPEERS
SUBDIVISION, BLOCK 2.
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3. Plaintiff acquired ownership of the Property by the receipt of a Quitclaim Deed to
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the Property on or about February 14. 2015 from Antonio Rocha and Consuelo Enriquez, who
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were at that time the owners of the Property. Attached as Exhibit A and incorporated herein is a
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true and correct copy of the Quitclaim Deed referred to in this paragraph.
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4. Plaintiff took ownership of the Property subject to the balance owed on a
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Promissory Note dated April 20, 2009, signed by Antonio Rocha and Consuelo Enriquez to
Gateway Business Bank, dba Mision Hills Mortgage Bankers, (hereafter "Promissory Note")
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secured against the Property by a Deed of Trust recorded April 24, 2009, Document 2009037868,
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Official Records of Sonoma County.
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5. At all times since Plaintiff received the Quitclaim Deed from Antonio Rocha and
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Consuelo Enriquez she has resided in the Property and paid the principal and interest due on the
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Promissory Note. In 2020 Plaintiff paid off the remaining balance of the Promissory Note and a
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Full Reconveyance of the Deed of Trust was recorded by First American Title Company on
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November 5, 2020, Document No. 2020103695. Official Records of Sonoma County.
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6. Plaintiff did not record the Quitclaim Deed to the Property from Antonio Rocha
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and Consuelo Enriquez until May 5, 2023. On May 5. 2023 the Quitclaim Deed was recorded as
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Document 2023023101, Official Records of Sonoma County. Attached as Exhibit B and
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incorporated herein is a true and correct copy of the recorded Quitclaim Deed referred to in this
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paragraph.
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7. Plaintiff is informed and believes, and thereon alleges, that Defendants claim an
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interest in the Property adverse to Plaintiff on the grounds that on November 6, 2021, Antonio
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Rocha and Consuelo Enriquez executed a Trust Deed transferring ownership of the Property to
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2 Complaint To Quiet Title
1 Demetrio Rocha and Consuelo Enriquez, as joint tenants. The Trust Deed was recorded on
2 November 10, 2021, Document 2021122528, Official Records of Sonoma County. Attached as
3 Exhibit C and incorporated herein is a true and correct copy of the recorded Trust Deed referred
4 to in this paragraph.
5 8. Although the Trust Deed was recorded prior to the recording of the Quitclaim
6 Deed transferring ownership of the Property from Antonio Rocha and Consuelo Enriquez to
7 Plaintiff, Defendants have acquired no right, title or interest in the Property superior to Plaintiffs
8 ownership of the Property because Defendants were not bona fide purchasers of the Property
9 from Antonio Rocha and Consuelo Enriquez. Plaintiff is informed and believes, and thereon
10 alleges, that neither Defendant paid any consideration for their acquisition of the Property and
11 both Defendants knew of, or should have known of, Plaintiffs ownership of the Property when
12 the Property was conveyed to them by Antonio Rocha and Consuelo Enriquez.
13 9. The possible adverse claims of Defendants described above in Paragraph 7 is
14 without any basis whatever and Defendants have no right, title, estate, lien, or interest whatever
15 in the Property or any part of it.
16 10. Plaintiff seeks to quiet title to the Property against all adverse claims of
17 Defendants as of the date this Complaint is filed.
18 WHEREFORE, Plaintiff prays for judgment as follows:
19 1. That Maria Eugenia Garcia is the owner in fee simple of the Property and that
20 neither Defendant has any interest in the Property;
21 2. For costs of suit incurred in this action; and
22 3. For such other and further relief as the court may deem proper.
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25 Dated: ~ , 2023
Dennis J. By111: , Esq.
26 Attorney for P aintiff
3 Complaint To Quiet Title
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3 VERIFICATION
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5 I, Maria Eugenia Garcia, am the Plaintiff in the above-entitled action. I have read the
6 foregoing Complaint and know the contents thereof. The same is true of my own knowledge,
7 except as to those matters which are therein stated on information and belief, and as to those
8 matters I believe them to be true.
9 I declare under penalty of perjury under the laws of the State of California that the
10 foregoing is true and correct.
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12 Dated: t)g-/~-?{);2-3
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4 Complaint To Quiet Title
QUITCLAIM DEED
Agreement set forth this 14 day of _Fe.;;....b;;..;.r...c;.u..;.;.a"-'ry'"'",-=2=0=15;;;;..__ _ _ _ _ _ _ _ _ __
In the County of Sonoma in the State of California.
Indenture is made between Antonio Rocha & Consuelo Enriguez, of the city and
state of Santa Rosa, California who shall be identified as GRANTOR ,and
Maria Eugenia Garcia who is identified as the GRANTEE.
The GRANTOR, on behalf of partners, heirs or successors for and in consideration
of the sum of $10.00 (Ten dollars)
conveys and quit claims the current possession of the following property that
bears the legal description of:
BEGINNING AT THE MOST NORTHERLY CORNER OF THE PARCEL OF LAND CONVEYED BY
ADOLeti L .PIERINI AND WIFE TO VERNON P. LOCKWOOD AND WIFE, BY DEED DATED
NOVEMBER 26, 1952 AND RECORDED DECEMBER 3, 1952 IN THE OFFICE OF THE COUNTY
RECORDER OF SONOMA COUNTY UNDER SERIAL NO. D-82476 AND RUNNING THENCE
SOUTH 24° 39' EAST AND ALONG THE NORTHEASTERN UNE OF SAID PARCEL, A DISTANCE
OF 167.84 FEET, MORE OR LESS, TO THE MOST EASTERN CORNER OF SAID PARCEL; THENCE
SOUTH 65° 15' WEST AND ALONG THE CENTER OF BENJAMIN ROAD, AKA BENJAMINS ROAD,
A DISTANCE OF 131 FEET; THENCE NORTH 24° 39' WEST AND PARALLEL WITH THE SAID
NORTHEASTERN UNE OF SAID PARCEL A DISTANCE OF 167.84 FEET, MORE OR LESS, TO A
POINT ON THE NORTHERN UNE OF SAID LOCKWOOD PARCEL; THENCE NORTH 75° 55' EAST
AND ALONG THE NORTHERN UNE OF SAID LOCKWOOD PARCEL A DISTANCE OF 131 FEET,
MORE OR LESS, TO THE POINT OF BEGINNING AND BEING A PORTION OF SPEERS
SUBDIVISION, BLOCK 2.
To the GRANTEE
Antonio Rocha Consuelo Enriquez
Dated this 14 day of February, 2015
Exhibit A
Page 1 of 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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before me, e':11n~rt~~~d~?;-;hfOffT
personally appeared
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who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) jgfare subscribed to the
within instrument and acknowledged to me that
be.t.Ae/they executed the same in bisA:ler/their authorized
capacity(ies), and that by .bi&'Rer/their signature(s) on the
INGRID W. PARKHURST instrument the person(s) , or the entity upon behalf of
Comm. #2022140 .,. which the person(s) acted, executed the instrument.
Notary Public• California li
Sonoma County
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1 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above
Sig ~~
n a t · ~ Sjgnature of Notary Public
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OPTIONAL-------------
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: fit~' Te-- j a l Y1-'1
Document Date: ___ :2./1~/_'f~/2~-J
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________ Number of Pages: _ _/_ _ _ _ __
Signer{s) Other Than Named Above:
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D Partner - D Limited C General RIGHTTHUMBPRINT
D Partner - D Limited D General
RIGHT THUMBPRINT
D Attorney in Fact OF SIGNER D Attorney in Fact OF SIGNER
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D Trustee â–¡ Trustee
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within instrument and acknowledged to me that
b.et.be/they executed the same in ~r/their authorized
capacity(ies), and that by ~r/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above
Signat-~ A - L f CJ,
u , . . , ~ ~ e of Notary Public
~
OPTIONAL------------
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: {i2 ~, Tc...- J a l y1;1
Document Date: __ :Z.~/l~l~'/-,__,.4
__.2_0~_1_.S-
_______ Number of Pages: _ _/_ _ _ _ __
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Si_pner's Name: Signer's Name: _ _ _ _ _ _ _ _ _ _ _ _ _ __
~ Individual ~Individual
â–¡ Corporate Officer - Title(s): â–¡ Corporate Officer - Title(s) : _ _ _ _ _ _ _ __
â–¡ Partner - â–¡ Limited â–¡ General â–¡ Partner - â–¡ Limited â–¡ General
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â–¡ Attorney in Fact OF SIGNER â–¡ Attorney in Fact OF SIGNER
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â–¡ Trustee D Trustee
â–¡ Guardian or Conservator â–¡ Guardian or Conservator
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