On August 31, 2023 a
Complaint,Petition
was filed
involving a dispute between
Fuller, Matt,
and
Coleman, Vickie Lynn,
Does 1 Through 100,
Miller, Duane,
for Quiet Title Unlimited
in the District Court of San Bernardino County.
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\r V
F I L E D
T OF CALlFORNIA
JOHN G. WURM. State Bar No. 106475 3%735335 893$. ammomo
SAN BERNARD'NO D'STR'CT
THE LAW OFFICES 0F JOHN G. WURM
Post Office Box 1875
AUG 3 l 2023
Lake Arrowhead. California 92352
2732] Nonh Bay Road -
BY
Telephone: (909) 337-2557 .
CRYST LK'DAM'CO'DEPUTY
Facsimile: (909) 336-3697
Email: jwum1lakearrowhead@gmail.com
Attorney for Plaintiff Matt fuller
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CENTRAL JUSTICE CENTER (CIVIL)
10
11 CIVSB 2320449
MATT FULLER Case No.
12
Plaintiffs,
13
v. VERIFIED COMPLAINT FOR:
14
15
DUANE MILLER, an individual; VICKIE 1. NUISANCE,
LYNN COLEMAN. an individual; and DOES 2. INJUNCTION,
16 1 through 100. inclusive, 3. QUIET TITLE, and
4. DECLARATORY RELIEF
17 Defendants.
18
19
20
Plaintiff MATT FULLER alleges as follows:
21
GENERAL ALLEGATIONS
22
1. Defendants DUANE MILLER and VICKEI LYNN COLEMAN are individuals and
23
the owners of a single-family residence known as 273 Oak Drive. Cedar Glen ("DEFENDANT’S
24
Property").
25
2. Plaintiff MATT FULLER is the owner a single-family residence known as 281 Oak
26
Drive. Cedar Glen ("FULLER‘S Property"). which is adjacent to DEFENDANT‘S Property.
27
FULLER purchased his Property 2010 and lives in it full time. He also works from home.
VERIFIED COMPLAINT -
I
v v
Defendants purchased DEFENDANT'S Property in May 2022 and use it as a vacation home.
DEFENDANT‘S Property consists of three lots. lots 18. l9 and 20. The residence for FULLER’S
Property is built 0n lot 21. Defendants‘ residence is built on lot 19. Lot 20 is vacant and is between
FULLER‘S residence on lot 21 and Defendants' residence 0n lot 19. A copy 0f Defendants‘ deed is
attached as Exhibit “A”. FULLER'S residence is built 0n lot 21. Both properties have a septic tank
system. In 2012. the County relocated the water line 0n Oak Drive. When the County relocated the
waterline. it cut through the leach field for FULLER'S septic system. FULLER had t0 relocate the
leach field. The owner 0f lots 19 and 20 at the time was Ron Whyte. FULLER and Mr. Whyte
agreed that Fuller could relocate his leach field onto lot 20. FULLER did research and found that
10 Lott 18 would be available at a tax sale. FULLER and Mr. Whyte agreed that Mr. Whyte would
11 purchase lot 18 and that FULLER would pay t0 relocate his leach field on t0 lot 20 and Mr. Whyte‘s
12 leech field would be relocated from lot 20 onto lot 18. FULLER also agreed to pay Mr. Whyte $500
13 for the easement and to upgrade Mr. Whyte‘s leach field. The parties agreed t0 record an easement.
14 A copy 0f the agreement is attached as Exhibit “B”. The two leach fields were relocated and
15 FULLER paid the $500. However. Mr. Whyte later indicated he did not want to cooperate with the
16 recording the easement. In 2020. Mr. Whyte sold lots 18. l9 and 20 t0 Taylor Loscialpo. Ms.
17 Loscialpo and Mr. Whyte have both said that the leach field 0n lot 20 was disclosed 10 Taylor
18 Loscialpo. In 2022. Ms. Loscialpo sold lots 18. l9 and 20 to Defendants. Ms. Loscialpo told
19 FULLER that she disclosed that the leach field was on lot 20 10 Defendants. Lot 20 has remained
20 vacant and unimproved from the time that FULLER purchased his property. Approximately two
21 weeks ago. Defendants excavated the area on lot 20 where the leach field for FULLER‘S Property is
22 located. The excavation exposed pipes that are part of FULLER‘S leach field. Defendants have told
23 FULLER that they intend t0 block the pipes in his leach field which would cause the septic tank that
24 services FULLER’S Property to become inoperable and FULLER“S residence would be
25 uninhabitable. FULLER tried to reason and negotiate with Defendants but they have not retracted
26 their intent t0 block the pipes in his leach field. FULLER recently received notice from the County
27 that this situation had to be corrected within 30 days and that if it was not corrected. that FULLER
VERIFIED COMPLAINT - 2
Document Filed Date
August 31, 2023
Case Filing Date
August 31, 2023
Category
Quiet Title Unlimited
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\r V F I L E D T OF CALlFORNIA JOHN G. WURM. State Bar No. 106475 3%735335 893$. ammomo SAN BERNARD'NO D'STR'CT THE LAW OFFICES 0F JOHN G. WURM Post Office Box 1875 AUG 3 l 2023 Lake Arrowhead. California 92352 2732] Nonh Bay Road - BY Telephone: (909) 337-2557 . CRYST LK'DAM'CO'DEPUTY Facsimile: (909) 336-3697 Email: jwum1lakearrowhead@gmail.com Attorney for Plaintiff Matt fuller SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CENTRAL JUSTICE CENTER (CIVIL) 10 11 CIVSB 2320449 MATT FULLER Case No. 12 Plaintiffs, 13 v. VERIFIED COMPLAINT FOR: 14 15 DUANE MILLER, an individual; VICKIE 1. NUISANCE, LYNN COLEMAN. an individual; and DOES 2. INJUNCTION, 16 1 through 100. inclusive, 3. QUIET TITLE, and 4. DECLARATORY RELIEF 17 Defendants. 18 19 20 Plaintiff MATT FULLER alleges as follows: 21 GENERAL ALLEGATIONS 22 1. Defendants DUANE MILLER and VICKEI LYNN COLEMAN are individuals and 23 the owners of a single-family residence known as 273 Oak Drive. Cedar Glen ("DEFENDANT’S 24 Property"). 25 2. Plaintiff MATT FULLER is the owner a single-family residence known as 281 Oak 26 Drive. Cedar Glen ("FULLER‘S Property"). which is adjacent to DEFENDANT‘S Property. 27 FULLER purchased his Property 2010 and lives in it full time. He also works from home. VERIFIED COMPLAINT - I v v Defendants purchased DEFENDANT'S Property in May 2022 and use it as a vacation home. DEFENDANT‘S Property consists of three lots. lots 18. l9 and 20. The residence for FULLER’S Property is built 0n lot 21. Defendants‘ residence is built on lot 19. Lot 20 is vacant and is between FULLER‘S residence on lot 21 and Defendants' residence 0n lot 19. A copy 0f Defendants‘ deed is attached as Exhibit “A”. FULLER'S residence is built 0n lot 21. Both properties have a septic tank system. In 2012. the County relocated the water line 0n Oak Drive. When the County relocated the waterline. it cut through the leach field for FULLER'S septic system. FULLER had t0 relocate the leach field. The owner 0f lots 19 and 20 at the time was Ron Whyte. FULLER and Mr. Whyte agreed that Fuller could relocate his leach field onto lot 20. FULLER did research and found that 10 Lott 18 would be available at a tax sale. FULLER and Mr. Whyte agreed that Mr. Whyte would 11 purchase lot 18 and that FULLER would pay t0 relocate his leach field on t0 lot 20 and Mr. Whyte‘s 12 leech field would be relocated from lot 20 onto lot 18. FULLER also agreed to pay Mr. Whyte $500 13 for the easement and to upgrade Mr. Whyte‘s leach field. The parties agreed t0 record an easement. 14 A copy 0f the agreement is attached as Exhibit “B”. The two leach fields were relocated and 15 FULLER paid the $500. However. Mr. Whyte later indicated he did not want to cooperate with the 16 recording the easement. In 2020. Mr. Whyte sold lots 18. l9 and 20 t0 Taylor Loscialpo. Ms. 17 Loscialpo and Mr. Whyte have both said that the leach field 0n lot 20 was disclosed 10 Taylor 18 Loscialpo. In 2022. Ms. Loscialpo sold lots 18. l9 and 20 to Defendants. Ms. Loscialpo told 19 FULLER that she disclosed that the leach field was on lot 20 10 Defendants. Lot 20 has remained 20 vacant and unimproved from the time that FULLER purchased his property. Approximately two 21 weeks ago. Defendants excavated the area on lot 20 where the leach field for FULLER‘S Property is 22 located. The excavation exposed pipes that are part of FULLER‘S leach field. Defendants have told 23 FULLER that they intend t0 block the pipes in his leach field which would cause the septic tank that 24 services FULLER’S Property to become inoperable and FULLER“S residence would be 25 uninhabitable. FULLER tried to reason and negotiate with Defendants but they have not retracted 26 their intent t0 block the pipes in his leach field. FULLER recently received notice from the County 27 that this situation had to be corrected within 30 days and that if it was not corrected. that FULLER VERIFIED COMPLAINT - 2