Preview
1 RYAN M. DAVIES (State Bar No. 192598)
RICHARD B. CANADA (State Bar No. 322036)
2 LS Carlson Law
A Professional Law Corporation
3
85 Enterprise, Suite 310
4 Aliso Viejo, CA 92656
Telephone: (949) 421-3030
5 Telecopier: (949) 421-3031
rdavies@lscarlsonlaw.com
6 rcanada@lscarlsonlaw.com
7 paralegals@lscarlsonlaw.com
8 Attorneys for Plaintiff ANGELO CALOIARO
9 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SANTA CRUZ
11
ANGELO CALOIARO, an individual Case No.:
12
Plaintiff, VERIFIED COMPLAINT FOR:
13 1. QUIET TITLE
vs. 2. REFORMATION OF INSTRUMENT
14
15 SANTA CRUZ BEACH, LLC, a California
Limited Liability Company; ROGER R.
16 SPOTSWOOD, TRUSTEE of THE EDNA
CATHERINE MESSINI REVOCABLE LIVING
17 TRUST dated August 25, 1989; THE EDNA
CATHERINE MESSINI REVOCABLE LIVING
18 TRUST dated August 25, 1989; ROCKET
19 MORTGAGE, LLC, a Michigan limited liability
company; MORTGAGE ELECTRONIC
20 REGISTRATION SYSTEMS, INC., a Michigan
corporation; ALL PERSONS UNKNOWN,
21 CLAIMING ANY LEGAL OR EQUITABLE
RIGHT, TITLE, ESTATE, LIEN, OR INTEREST
22
IN THE PROPERTY DESCRIBED IN THE
23 COMPLAINT ADVERSE TO PLAINTIFF’S
TITLE, OR ANY CLOUD UPON PLAINTIFF’S
24 TITLE THERETO; and DOES 1–50, inclusive,
25 Defendants.
26
27 COMES NOW Plaintiff ANGELO CALOIARO, an individual (hereafter “Plaintiff”), and
28 alleges as follows:
1
VERIFIED COMPLAINT
1 INTRODUCTION
2 1. This case involves ownership and possession of a parcel of real property—more
3 specifically, a small, rectangular area of land ten feet wide that has been treated as being part of Plaintiff’s
4 Property (as herein defined) for decades. In fact, part of Plaintiff’s home was built on this rectangle and
5 has existed there since at least the early 1980s. This rectangle is not specifically included in Plaintiff’s
6 title, but it is specifically “excepted” from the neighboring lot, thus leaving this rectangle as being
7 untethered from any of the lots in the development. It has always been treated as being part of Plaintiff’s
8 Property—there is a fence separating it from other lots, a door to Plaintiff’s home opens directly onto it,
9 and part of Plaintiff’s garage is built on it.
10 2. Plaintiff is unaware of any disputes that have ever existed as to the ownership of the
11 subject rectangle, and Plaintiff was issued a title policy when he acquired Plaintiff’s Property. Thus,
12 even a title company is unconcerned with any disputed ownership of this small rectangle. This action
13 was only necessitated as Plaintiff wanted to make a small modification to his home, and in order to have
14 a building permit issued, his ownership of this area must be established. Plaintiff thus brings this action
15 to quiet title and reform his deed to establish this small rectangle as being part of Plaintiff’s Property.
16 PARTIES
17 3. Plaintiff ANGELO CALOIARO (hereafter “Plaintiff”) is an individual and resident of
18 the State of California. Plaintiff is the owner of the hereinafter described real property identified as the
19 “Plaintiff’s Property” and the “Excepted Walk F” which is the subject of this action.
20 4. Plaintiff alleges on information and belief that Defendant SANTA CRUZ BEACH, LLC
21 (hereafter “Santa Cruz Beach”), is a limited liability company who at all relevant times herein was
22 qualified to transact business in the State of California. Santa Cruz Beach is the current owner of the
23 parcel of land adjacent to Plaintiff’s Property and the Excepted Walk F. Santa Cruz Beach is being named
24 as a defendant solely for the purpose of providing notice of this action as it may claim an interest in the
25 Excepted Walk F. No damages or costs are sought from Santa Cruz Beach in this litigation.
26 5. Plaintiff alleges on information and belief that Defendant THE EDNA CATHERINE
27 MESSINI REVOCABLE LIVING TRUST dated August 25, 1989 (hereafter “the Messini Trust”), is the
28 former owner of Plaintiff’s Property and the Excepted Walk F, which is the subject of this action.
2
VERIFIED COMPLAINT
1 Plaintiff further alleges on information and belief that Defendant ROGER R. SPOTSWOOD (hereafter
2 “Spotswood”) is an individual, resident of the State of California, and is the duly appointed Trustee of
3 the Messini Trust. The Messini Trust, and Spotswood as its Trustee, are being named as defendants
4 solely for the purpose of providing notice of this action as they may claim an interest in the Excepted
5 Walk F. No damages or costs are sought from The Messini Trust or Spotswood in this litigation.
6 6. Plaintiff alleges on information and belief that Defendant ROCKET MORTGAGE, LLC
7 (hereafter “Rocket Mortgage”), is a limited liability company who at all relevant times herein was
8 qualified to transact business in the State of California. Rocket Mortgage is the current Lender under a
9 2023 Deed of Trust naming Plaintiff as the Borrower. Rocket Mortgage is being named as a defendant
10 solely for the purpose of providing notice of this action as it may claim an interest in the Excepted Walk
11 F. No damages or costs are sought from Rocket Mortgage in this litigation.
12 7. Plaintiff alleges on information and belief that Defendant, MORTGAGE ELECTRONIC
13 REGISTRATION SYSTEMS, INC. (hereafter “MERS”), is a corporation who at all relevant times
14 herein was qualified to transact business in the State of California. MERS is the current beneficiary under
15 the 2023 Deed of Trust acting solely as nominee for Rocket Mortgage. MERS is being named as a
16 defendant solely for the purpose of providing notice of this action as it may claim an interest in the
17 Excepted Walk F. No damages or costs are sought from MERS in this litigation.
18 8. Plaintiff does not know the exact names, capacities, or interests in the Excepted Walk F
19 of certain defendants whom Plaintiff designates for this action as “all persons unknown, claiming any
20 legal or equitable right, title, estate, lien, or interest in the property described in the Complaint adverse
21 to Plaintiff’s title, or any cloud upon Plaintiff’s title thereto.” Plaintiff seeks to quiet title in the Excepted
22 Walk F against each such defendant, and each such defendant has no right, title, or interest in the
23 Excepted Walk F. Plaintiff will serve this class of defendants by publication as the Court allows.
24 9. Plaintiff is ignorant of the true names of the defendants sued herein as DOES 1–50,
25 inclusive, and therefore sues those defendants under such fictitious names. Plaintiff alleges upon
26 information and belief that each of the fictitiously named defendants is responsible in some manner for
27 the actions or inactions alleged below. Plaintiff will amend this Complaint when the true identities of
28 any DOES are ascertained.
3
VERIFIED COMPLAINT
1 10. Plaintiff alleges that at all relevant times each named and unnamed defendant was the
2 agent and/or employee of the other co-defendants, and at all times each defendant was and is acting
3 within the purpose and scope of such agency and/or employment and with the permission and consent
4 of his/her/its co-defendants with knowledge, authorization, permission, consent, and/or subsequent
5 ratification and approval of each co-defendant. Plaintiff further alleges that each named and unnamed
6 defendant knowingly and willfully conspired and agreed to deprive Plaintiff of his rights.
7 11. Jurisdiction and venue are proper in the Superior Court of California, County of Santa
8 Cruz, because: (i) pursuant to Code of Civil Procedure § 392, this action seeks a determination of the
9 rights and interests in real property located in Santa Cruz County, and (ii) the events giving rise to the
10 causes of action Plaintiff asserts in this Complaint occurred in Santa Cruz County.
11 BACKGROUND ALLEGATIONS
12 12. Plaintiff’s Property is located at, and is commonly referred to as, 1532 Wharf Road,
13 Capitola, California, 95010, or alternatively, 1500 Wharf Road #32, Capitola, California, 95010. The
14 legal description of the Plaintiff’s Property is as follows:
15 Lots 42, 43, 44, and 51 of Venetian Court, as numbered and designated upon the map
entitled “Map of Venetian Court, Capitola, Santa Cruz, Co., being part of the Rancho
16 Arroyo Del Rodeo, Lloyd Bowman, County Surveyor, March, 1924” filed March 21st,
1924, in Volume 18 of Maps, Page 44, Santa Cruz County Records.
17
18 A true and correct copy of the aforementioned Map of Venetian Court filed March 21st, 1924, in Volume
19 18 of Maps, Page 44, Santa Cruz County Records (hereafter “the Map of Venetian Court”) is attached
20 hereto as Exhibit “1.”
21 13. Pursuant to Code of Civil Procedure § 761.020(b), a true and correct copy of a January
22 23, 2024, report guaranteeing Plaintiff’s title to Plaintiff’s Property is attached hereto as Exhibit “2.”
23 14. Immediately adjacent to the entire Southeastern side of Plaintiff’s Property is a ten-foot-
24 wide strip of land referred to as Walk F on the Map of Venetian Court (hereafter “the Full Walk F”).
25 15. Plaintiff’s Property and the Full Walk F were originally included in a much larger parcel
26 of land owned by Raymond Messini and Edna Messini (hereafter “the Messinis”).
27 16. On or about March 31, 1978, Raymond Messini and Edna Messini conveyed a portion of
28 their property to Lou Bartfield and Isabel Bartfield, as evidenced by a grant deed recorded on March 31,
4
VERIFIED COMPLAINT
1 1978, in Book 2891, Page 625, of the Official Records of the Santa Cruz County Recorder’s Office,
2 under Recorder’s Series Number 15789. A true and correct copy of the Messini to Bartfield 1978 grant
3 deed is attached hereto as Exhibit “3.”
4 17. The Messinis’ 1978 conveyance to the Bartfields included Lots 28 through 34, Lot 50,
5 and the majority of the Full Walk F of Venetian Court, as designated on the Map of Venetian Court.
6 However, excepted from the Messinis’ 1978 conveyance to the Bartfields was a small segment of the
7 Full Walk F with the following legal description:
8 BEGINNING at a station in the Southeastern boundary of Lot 43 in said Subdivision from
which a lead plug and brass tag “RCE 6270” at the Northwestern corner of Lot 34 in said
9 Subdivision bears North 23° 44’ East 55.80 feet and South 66° 16’ East 10.00 feet distant;
10
THENCE from said point of beginning along the Northwestern boundary of said Walk F
11 North 23° 44’ East 55.80 feet to the Northwestern corner of said Walk F; thence South 66°
16’ East 8.07 feet; thence South 24° 00’ West 55.80 feet; thence North 66° 24’ West 7.81
12 feet to the place of beginning.
13 18. This segment of the Full Walk F which was excepted from the Messinis’ 1978
14 conveyance to the Bartfields is hereafter referred to as the “Excepted Walk F”. A true and correct copy
15 of a June 2023 survey of the Excepted Walk F is attached hereto as Exhibit “4.”
16 19. On or about September 7, 1989, Edna Messini conveyed the Plaintiff’s Property to
17 Douglas George Messini as Trustee of the the Messini Trust, as evidenced by a quitclaim deed recorded
18 on September 7, 1989, in Volume 4559, Page 195, of the Official Records of the Santa Cruz County
19 Recorder’s Office, under Recorder’s Series Number 057382. The Excepted Walk F was not included in
20 this deed, and Plaintiff is informed and believes that it was inadvertently omitted from this deed and
21 should have been conveyed to the Messini Trust via the 1989 Quitclaim Deed. A true and correct copy
22 of the Edna Messini to Messini Trust 1989 Quitclaim Deed is attached hereto as Exhibit “5.”
23 20. On or about May 23, 2023, Spotswood and the Messini Trust conveyed Plaintiff’s
24 Property to Plaintiff, as evidenced by a grant deed recorded on May 23, 2023, in the Official Records of
25 the Santa Cruz County Recorder’s Office, under Recorder’s Series Number 2023-0009013. The
26 Excepted Walk F was not included in this deed, and Plaintiff is informed and believes that it was
27 inadvertently omitted from this deed and should have been conveyed to Plaintiff via the 2023 Grant
28 Deed. A true and correct copy of the Messini Trust to Plaintiff 2023 Grant Deed is attached hereto as
5
VERIFIED COMPLAINT
1 Exhibit “6.”
2 21. The Full Walk F—excluding, critically, the Excepted Walk F—is currently owned by
3 Santa Cruz Beach, as evidenced by a grant deed recorded on July 5, 2019, in the Official Records of the
4 Santa Cruz County Recorder’s Office, under Recorder’s Series Number 2019-0018621. A true and
5 correct copy of the Santa Cruz Beach grant deed is attached hereto as Exhibit “7.”
6 22. Notably, the Excepted Walk F was expressly excepted from the portion of the Full Walk
7 F that was conveyed to Santa Cruz Beach in its 2019 grant deed (see Exhibit “7”), just as it was
8 previously excepted from the Messini to Bartfield 1978 grant deed (see Exhibit “3”). Accordingly, Santa
9 Cruz Beach does not hold title to the Excepted Walk F.
10 23. Plaintiff has had exclusive possession and control of both Plaintiff’s Property and the
11 Excepted Walk F since May 2023 and has maintained improvements upon the Excepted Walk F
12 throughout that time.
13 24. Plaintiff is informed and believes that prior to his taking possession of Plaintiff’s
14 Property, the Messini family had exclusive possession and control of both Plaintiff’s Property and the
15 Excepted Walk F since at least 1978 and has maintained improvements upon the Excepted Walk F
16 throughout that time.
17 25. Plaintiff is informed and believes that no other party has a superior claim of title over the
18 Excepted Walk F than Plaintiff’s claim, and there are no adverse claims to Plaintiff’s title.
19 FIRST CAUSE OF ACTION
20 (For Quiet Title as Against All Defendants and DOES 1–50)
21 26. Plaintiff incorporates the allegations asserted above and re-alleges them as though
22 repeated in full in this cause of action.
23 27. Plaintiff is the owner in fee of both Plaintiff’s Property and the Excepted Walk F, and is
24 in possession and control of both Plaintiff’s Property and the Excepted Walk F.
25 28. Plaintiff obtained fee simple title to Plaintiff’s Property and the Excepted Walk F on May
26 23, 2023, as evidenced by the 2023 Messini Trust to Plaintiff Grant Deed. (See Exhibit “6”).
27 29. Plaintiff alleges on information and belief that Defendants may claim an interest adverse
28 to Plaintiff’s title to the Excepted Walk F based on the March 31, 1989, Edna Messini to Messini Trust
6
VERIFIED COMPLAINT
1 Quitclaim Deed which inadvertently omitted the Excepted Walk F from the property being conveyed by
2 the Edna Messini to the Messini Trust in 1989, and then later to Plaintiff in 2023. (See Exhibits “3”
3 through “7”). These claims are without any right and defendants have no right, title, estate, lien, or
4 interest in the Excepted Walk F.
5 30. Plaintiff seeks a determination of his fee simple title to the Excepted Walk F in this action
6 as of May 23, 2023, the date on which Plaintiff obtained fee simple title to Plaintiff’s Property and the
7 Excepted Walk F notwithstanding the erroneous omittance of the Excepted Walk F from the 1989 Edna
8 Messini to Messini Trust Quitclaim Deed. (See Exhibits “5” and “6”).
9 31. Plaintiff does not know the exact names, capacities, or interests in the Excepted Walk F
10 of certain defendants whom Plaintiff designates for this action as “all persons unknown, claiming any
11 legal or equitable right, title, estate, lien, or interest in the property described in the Complaint adverse
12 to Plaintiff’s title, or any cloud upon Plaintiff’s title thereto.” Plaintiff seeks to quiet title in the Excepted
13 Walk F against the claim of each such defendant, and each such defendant has no right, title, or interest
14 in the Excepted Walk F or any part of it. Plaintiff will serve this class of defendants by publication as
15 the Court allows.
16 32. For these reasons, Plaintiff is entitled to a determination that his interest in the Excepted
17 Walk F is superior to all other Defendants from and after May 23, 2023.
18 SECOND CAUSE OF ACTION
19 (For Reformation of Instrument as Against All Defendants and DOES 1–50)
20 33. Plaintiff incorporates the allegations asserted above and re-alleges them as though
21 repeated in full in this cause of action.
22 34. On or around May 23, 2023, Spotswood and the Messini Trust executed the grant deed
23 conveying Plaintiff’s Property from the Messini Trust to Plaintiff, and intending to convey the Excepted
24 Walk F to Plaintiff. (See Exhibit “6”).
25 35. Plaintiff alleges on information and belief that due to a mutual mistake of the parties, the
26 May 23, 2023, grant deed failed to correctly describe the real property intended to be conveyed by the
27 May 23, 2023, grant deed, in that the legal description of the real property included on the May 23, 2023,
28 grant deed included the Plaintiff’s Property, but incorrectly omitted the Excepted Walk F, as the property
7
VERIFIED COMPLAINT
1 being conveyed. (See Exhibits “3” through “6”).
2 36. The mutual mistake and error in the May 23, 2023, grant deed was not discovered until
3 after the May 23, 2023, grant deed had been recorded in the Official Records of the Santa Cruz County
4 Recorder’s Office.
5 37. It is necessary that the May 23, 2023, grant deed be reformed to express the true
6 conveyance of real property intended by the Messinis and by Plaintiff, by including in the May 23, 2023,
7 grant deed the property with the following legal description:
8 BEGINNING at a station in the Southeastern boundary of Lot 43 in said Subdivision from
which a lead plug and brass tag “RCE 6270” at the Northwestern corner of Lot 34 in said
9 Subdivision bears North 23° 44’ East 55.80 feet and South 66° 16’ East 10.00 feet distant;
10
THENCE from said point of beginning along the Northwestern boundary of said Walk F
11 North 23° 44’ East 55.80 feet to the Northwestern corner of said Walk F; thence South 66°
16’ East 8.07 feet; thence South 24° 00’ West 55.80 feet; thence North 66° 24’ West 7.81
12 feet to the place of beginning.
13 PRAYER FOR RELIEF
14 WHEREFORE, Plaintiff prays for relief as follows:
15 1. For a judgment quieting title to the Excepted Walk F, and establishing that Plaintiff is
16 the fee simple owner of the Excepted Walk F as of May 23, 2023, the date on which the Messini Trust
17 to Plaintiff Grant Deed was recorded, notwithstanding the erroneous omittance of the Excepted Walk F
18 from the 1989 Edna Messini to Messini Trust Quitclaim Deed, and that none of the Defendants have
19 any right, title, estate, lien or interest in the Excepted Walk F adverse or superior to Plaintiff’s interest;
20 2. For an order and judgment reforming the May 23, 2023, Messini Trust to Plaintiff Grant
21 Deed to express the true intended conveyance of the Excepted Walk F to Plaintiff; and
22 3. For such other relief that the Court deems proper.
23
24 Dated: March 4, 2024 LS CARLSON LAW, PC
25
By:
26 RYAN M. DAVIES
RICHARD B. CANADA
27 Attorneys for Plaintiff ANGELO CALOIARO
28
8
VERIFIED COMPLAINT
EXHIBIT “1”
EXHIBIT “2”
Order No. Ref No. Guarantee No.
2202074625-PL Caloiaro A04037-CTG-146134
CONDITION OF TITLE GUARANTEE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A
PART OF THIS GUARANTEE,
GUARANTEES
the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in
Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A:
Dated: January 23rd, 2024 at 8:00:00 AM OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Corporation
400 Second Avenue South, Minneapolis, Minnesota 55401
(612) 371-1111
Countersigned:
By
Validating Officer
CLTA Guarantee Form No. 28 – Condition of Title Guarantee Face Page (06-05-14)
ORT 5314
Schedule A
Order No. 2202074625-PL
Ref. No. Caloiaro
Guarantee No. A04037-CTG-146134
Liability $ 500.00
Date of Guarantee January 23rd, 2024 at 8:00:00 AM
Fee $ 400.00
1. Name of Assured:
LS Carlson Law, PC
2. The estate or interest in the Land which is covered by this Guarantee is:
Fee
3. The Land referred to in this Guarantee is situated in the County of Santa Cruz, City of Capitola, State of California, and is
described as follows:
Lots 42, 43, 44 and 51 of Venetian Court, as numbered and designated upon the map entitled “Map of
Venetian Court, Capitola, Santa Cruz Co., being a part of the Rancho Arroyo Del Rodeo, Lloyd Bowman,
County Surveyor, March 21st, 1924 in Volume 18 of Maps, Page 44, Santa Cruz County Records.
APN: 035-191-01
4. Assurances:
According to the Public Records as of the Date of Guarantee,
a. Title to the estate or interest in the Land is vested in:
Angelo Caloiaro, a Married Man as His Sole and Separate Property
b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily
shown in the order of their priority.
Page_2_of_6 Pages
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
CLTA Guarantee Form No. 28 – Condition of Title Guarantee Schedule A (06-05-14)
Schedule B
Order No. 2202074625-PL
Ref. No. Caloiaro
Guarantee No. A04037-CTG-146134
Liability $ 500.00
Date of Guarantee January 23rd, 2024 at 8:00:00 AM
Fee $ 400.00
1. Taxes and assessments, general and special, for the fiscal year 2024 - 2025, a lien, but not
yet due or payable.
2. Taxes and assessments, general and special, for the fiscal year 2023 - 2024, as follows:
Assessor's Parcel No : 035-191-01-000
Code No. : 003-108
1st Installment : $913.39 Marked Paid
2nd Installment : $913.39 NOT Marked Paid
Land Value : $31,811.00
Imp. Value : $28,031.00
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et
seq., of the Revenue and Taxation Code of the State of California.
4. Any special tax which is now a lien and that may be levied within the CFD No. 2016-1 Library
Facilities, a notice(s) for which having been recorded.
NOTE: Among other things, there are provisions in said Notice for a special tax to be levied
annually, the amounts of which are to be added to and collected with the property taxes.
NOTE: The current annual amount levied against this land is $49.50.
5. The herein described property lying within the proposed boundaries of a Community
Facilities District, as follows:
District No : 2014-1
For : Clean energy
Disclosed By : Assessment Map
Recorded : November 10, 2016 in Book 17 of Assessment Maps, Page 29 under
Recorder's Series Number 2016-44482
Further information may be obtained by contacting:
Page_3_of_6 Pages
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
CLTA Guarantee Form No. 28 – Condition of Title Guarantee Schedule B (06-05-14)
6. Covenants, Conditions and Restrictions which do not contain express provisions for forfeiture
or reversion of title in the event of violation, but omitting any covenants or restrictions if any,
based upon age, race, color, religion, sex, gender, gender identity, gender expression, sexual
orientation, familial status, marital status, disability, veteran or military status, genetic
information, national origin, source of income as defined in subdivision (p) of Section 12955
of the Government Code, or ancestry, unless and only to the extent that said covenant (a) is
exempt under Title 42, Section 3607 of the United States Code or (b) relates to handicap but
does not discriminate against handicapped persons, as provided in an instrument
Recorded : December 7, 1945 in Book 512 of Official Records, Page 192
NOTE: "If this document contains any restriction based on age, race, color, religion,
sex, gender, gender identity, gender expression, sexual orientation, familial status,
marital status, disability, veteran or military status, genetic information, national
origin, source of income as defined in subdivision (p) of Section 12955 of the
Government Code, or ancestry, that restriction violates state and federal fair housing
laws and is void, and may be removed pursuant to Section 12956.2 of the
Government Code, by submitting a "Restrictive Covenant Modification" form,
together with a copy of the attached document with the unlawful provision redacted
to the county recorder's office. The "Restrictive Covenant Modification" form can be
obtained from the county recorder's office and may be available on its internet
website. The form may also be available from the party that provided you with this
document. Lawful restrictions under state and federal law on the age of occupants in
senior housing or housing for older persons shall not be construed as restrictions
based on familial status."
7. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as provided in the following
Instrument : Grant Deed
Granted To : Lou Bartfield and Isabel Bartfield, husband and wife, as community
property
For : Ingress and egress and all utilities
Dated : March 28, 1978
Recorded : March 31, 1978 in Book 2891 of Official Records, Page 625 under
Recorder's Series Number 15789
Affects : As described therein.
8. Terms and provisions as contained in an instrument,
Entitled : Grant Deed
Executed By : Raymond E. Messini and Edna C. Messini, husband and wife
Dated : March 28, 1978
Recorded : March 31, 1978 in Book 2891 of Official Records, Page 625 under
Recorder's Series Number 15789
NOTE: Reference is made to the document for full particulars.
Page_4_of_6 Pages
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
CLTA Guarantee Form No. 28 – Condition of Title Guarantee Schedule B (06-05-14)
9. Any encroachment of improvements over the Southeasterly line onto Walk F as shown on the
filed map.
Notwithstanding anything to the contrary in the Covered Risks or any endorsement,
this policy provides no affirmative coverage with respect to the matter(s) referred to in
this exception.
10. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts
payable under the terms thereof,
Amount : $1,089,300.00
Trustor/Borrower : Angelo Caloiaro, a Married Man, as His Sole and Separate
Property
Trustee : Heather Lovier
Beneficiary/Lender : Rocket Mortgage, LLC.
Dated : May 22, 2023
Recorded : May 23, 2023 in Official Records under Recorder's Series Number
9017
Loan No. : 3527756753
“MIN” : 100039035277567532
NOTE: This loan appears to be registered with Mortgage Electronics Registration
Systems, Inc. ("MERS"). Accordingly, the name, address and telephone number of
the loan servicer should be obtained by calling the toll-free number, 1-888-679-
MERS, and referring to the Mortgage Identification Number ("MIN") shown above
11. Note: Vesting Deed(s)
Grant Deed executed by Roger R. Spotswood, Trustee of the Edna Catherine Messini
Revocable Living Trust, dated August 25, 1989 to Angelo Caloiaro, a Married Man as
His Sole and Separate Property recorded May 23, 2023 in Official Records under
Recorder's Series Number 2023-0009013.
Quitclaim Deed executed by Liana Lisa Caloiaro, spouse of Grantee to Angelo
Caloiaro, a Married Man as His Sole and Separate Property recorded May 23, 2023 in
Official Records under Recorder's Series Number 2023-0009014.
Page_5_of_6 Pages
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
CLTA Guarantee Form No. 28 – Condition of Title Guarantee Schedule B (06-05-14)
Page_6_of_6 Pages
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
CLTA Guarantee Form No. 28 – Condition of Title Guarantee Schedule B (06-05-14)
EXCLUSIONS FROM COVERAGE (Revised 06-05-14)
Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of
the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of
the Land.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records
(1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or
(2) that result in no loss to the Assured.
(c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records.
(d) The identity of any party shown or referred to in any of the schedules of this Guarantee.
(e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee.
(f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or,
(2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether
or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records.
(g) (1) Unpatented mining claims;
(2) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the
Public Records.
GUARANTEE CONDITIONS
1. DEFINITION OF TERMS 3. NO DUTY TO DEFEND OR PROSECUTE
The Company shall have no duty to defend or prosecute any
The following terms when used in the Guarantee mean: action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation in such action or
(a) "the Assured": the party or parties named as the proceeding.
Assured in this Schedule A, or on a supplemental writing
executed by the Company.
(b) "Land": the Land described or referred to in Schedule A, 4. COMPANY’S OPTION TO DEFEND OR PROSECUTE
and improvements affixed thereto which by law constitute real ACTIONS; DUTY OF ASSURED TO COOPERATE
property. The term "land" does not include any property Even though the Company has no duty to defend or prosecute
beyond the lines of the area described or referred to in as set forth in Paragraph 3 above:
Schedule A, nor any right, title, interest estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or (a) The Company shall have the right, at its sole option and
waterways. cost, to institute and prosecute any action or proceeding,
(c) "Mortgage": mortgage, deed of trust, trust deed, or interpose a defense, as limited in Paragraph 4(b), or to do any
other security instrument. other act which in its opinion may be necessary or desirable to
(d) "Public Records": those records established under state establish the correctness of the assurances set forth in
statutes at Date of Guarantee for the purpose of imparting Schedule A or to prevent or reduce loss or damage to the
constructive notice of matters relating to real property to Assured. The Company may take any appropriate action
purchasers for value and without knowledge. under the terms of this Guarantee, whether or not it shall be
(e) "Date of Guarantee": the Date of Guarantee set forth in liable hereunder, and shall not thereby concede liability or
Schedule A. waive any provision of this Guarantee. If the Company shall
(f) “Amount of Liability”: the Amount as stated in exercise its rights under this paragraph, it shall do so
Schedule A. diligently.
(b) If the Company elects to exercise its options as stated in
2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED Paragraph 4(a) the Company shall have the right to select
counsel of its choice (subject to the right of the Assured to
An Assured shall notify the Company promptly in writing in case object for reasonable cause) to represent the Assured and
knowledge shall come to the Assured of any assertion of facts, shall not be liable for and will not pay the fees of any other
or claim of title or interest that is contrary to the assurances set counsel, nor will the Company pay any fees, costs or expenses
forth in Schedule A and that might cause loss or damage for incurred by an Assured in the defense of those causes of
which the Company may be liable under this Guarantee. If action which allege matters not covered by this Guarantee.
prompt notice shall not be given to the Company, then all (c) Whenever the Company shall have brought an action or
liability of the Company shall terminate with regard to the interposed a defense as permitted by the provisions of this
matter or matters for which prompt notice is required; provided, Guarantee, the Company may pursue any litigation to final
however, that failure to notify the Company shall in no case determination by a court of competent jurisdiction and
prejudice the rights of the Assured under this Guarantee unless expressly reserves the right, in its sole discretion, to appeal
the Company shall be prejudiced by the failure and then only to from an adverse judgment or order.
the extent of the prejudice.
CLTA Guarantee Exclusions and Conditions (Rev 06-05-14)
GUARANTEE CONDITIONS (Continuation)
(d) In all cases where this Guarantee permits the Company to up to the time of payment or tender of payment and that the
prosecute or provide for the defense of any action or Company is obligated to pay.
proceeding, the Assured shall secure to the Company the right (b) To pay or otherwise settle with the Assured any claim
to so prosecute or provide for the defense of any action or assured against under this Guarantee. In addition, the
proceeding, and all appeals therein, and permit the Company to Company will pay any costs, attorneys' fees, and expenses
use, at its option, the name of such Assured for this purpose. incurred by the Assured that were authorized by the Company
Whenever requested by the Company, the Assured, at the up to the time of payment or tender of payment and that the
Company’s expense, shall give the Company all reasonable aid Company is obligated to pay; or
in any action or proceeding, securing evidence, obtaining (c) To pay or otherwise settle with other parties for the loss or
witnesses, prosecuting or defending the action or lawful act damage provided for under this Guarantee, together with any
which in the opinion of the Company may be necessary or costs, attorneys’ fees, and expenses incurred by the Assured
desirable to establish the correctness of the assurances set that were authorized by the Company up to the time of
forth in Schedule A or to prevent or reduce loss or damage to payment and that the Company is obligated to pay.
the Assured. If the Company is prejudiced by the failure of the
Assured to furnish the required cooperation, the Company’s Upon the exercise by the Company of either of the options
obligations to the Assured under the Guarantee shall terminate. provided for in 6 (a), (b) or (c) of this paragraph the
Company’s obligation to the Assured under this Guarantee for
5. PROOF OF LOSS OR DAMAGE the claimed loss or damage, other than the payments required
to be made, shall terminate, including any duty to continue
(a) In the event the Company is unable to determine the any and all litigation initiated by the Company pursuant to
amount of loss or damage, the Company may, at its option, Paragraph 4.
require as a condition of payment that the Assured furnish a
signed proof of loss. The proof of loss must describe the 7. LIMITATION OF LIABILITY
defect, lien, encumbrance, or other matter that constitutes the
(a) This Guarantee is a contract of Indemnity against actual
basis of loss or damage and shall state, to the extent possible,
monetary loss or damage sustained or incurred by the Assured
the basis of calculating the amount of the loss or damage.
claimant who has suffered loss or damage by reason of reliance
(b) In addition, the Assured may reasonably be required to
upon the assurances set forth in Schedule A and only to the
submit to examination under oath by any authorized
extent herein described, and subject to the Exclusions From
representative of the Company and shall produce for
Coverage of this Guarantee.
examination, inspection and copying, at such reasonable times
(b) If the Company, or the Assured under the direction of the
and places as may be designated by any authorized
Company at the Company’s expense, removes the alleged
representative of the Company, all records, books, ledgers,
defect, lien or, encumbrance or cures any other matter assured
checks, correspondence and memoranda, whether bearing a
afainst by this Guarantee in a reasonably diligent manner by
date before or after Date of Guarantee, which reasonably
any method, including litigation and the completion of any
pertain to the loss or damage. Further, if requested by any
appeals therefrom, it shall have fully performed its obligations
authorized representative of the Company, the Assured shall
with respect to that matter and shall not be liable for any loss
grant its permission, in writing, for any authorized
or damage caused thereby.
representative of the Company to examine, inspect and copy all
(c) In the event of any litigation by the Company or with the
records, books, ledgers, checks, correspondence and
Company’s consent, the Company shall have no liability for loss
memoranda in the custody or control of a third party, which
or damage until there has been a final determination by a court
reasonably pertain to the loss or damage. All information
of competent jurisdiction, and disposition of all appeals
designated as confidential by the Assured provided to the
therefrom.
Company pursuant to this paragraph shall not be disclosed to
(d) The Company shall not be liable for loss or damage to the
others unless, in the reasonable judgment of the Company, it is
Assured for liability voluntarily assumed by the Assured in
necessary in the administration of the claim. Failure of the
settling any claim or suit without the prior written consent of
Assured to submit for examination under oath, produce other
the Company.
reasonably requested information or grant permission to secure
reasonably necessary information from third parties as required
8. REDUCTION OF LIABILITY OR TERMINATION OF
in the above paragraph, unless prohibited by law or
LIABILITY
governmental regulation, shall terminate any liability of the
Company under this Guarantee to the Assured for that claim. All payments under this Guarantee, except payments made for
costs, attorneys' fees and expenses pursuant to Paragraph 4
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: shall reduce the Amount of Liability under this Guarantee pro
TERMINATION OF LIABILITY tanto.
In case of a claim under this Guarantee, the Company shall 9. PAYMENT OF LOSS
have the following additional options: (a) No payment shall be made without producing this
Guarantee for endorsement of the payment unless the
(a) To pay or tender payment of the Amount of Liability Guarantee has been lost or destroyed, in which case proof of
together with any costs, attorneys’ fees, and expenses incurred loss or destruction shall be furnished to the satisfaction of the
by the Assured that were authorized by the Company Company.
CLTA Guarantee Exclusions and Conditions (Rev 06-05-14)
GUARANTEE CONDITIONS (Continuation)
(b) When liability and the extent of loss or damage has been (c) No amendment of or endorsement to this Guarantee can
definitely fixed in
Preview
1 RYAN M. DAVIES (State Bar No. 192598) RICHARD B. CANADA (State Bar No. 322036) 2 LS Carlson Law A Professional Law Corporation 3 85 Enterprise, Suite 310 4 Aliso Viejo, CA 92656 Telephone: (949) 421-3030 5 Telecopier: (949) 421-3031 rdavies@lscarlsonlaw.com 6 rcanada@lscarlsonlaw.com 7 paralegals@lscarlsonlaw.com 8 Attorneys for Plaintiff ANGELO CALOIARO 9 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SANTA CRUZ 11 ANGELO CALOIARO, an individual Case No.: 12 Plaintiff, VERIFIED COMPLAINT FOR: 13 1. QUIET TITLE vs. 2. REFORMATION OF INSTRUMENT 14 15 SANTA CRUZ BEACH, LLC, a California Limited Liability Company; ROGER R. 16 SPOTSWOOD, TRUSTEE of THE EDNA CATHERINE MESSINI REVOCABLE LIVING 17 TRUST dated August 25, 1989; THE EDNA CATHERINE MESSINI REVOCABLE LIVING 18 TRUST dated August 25, 1989; ROCKET 19 MORTGAGE, LLC, a Michigan limited liability company; MORTGAGE ELECTRONIC 20 REGISTRATION SYSTEMS, INC., a Michigan corporation; ALL PERSONS UNKNOWN, 21 CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST 22 IN THE PROPERTY DESCRIBED IN THE 23 COMPLAINT ADVERSE TO PLAINTIFF’S TITLE, OR ANY CLOUD UPON PLAINTIFF’S 24 TITLE THERETO; and DOES 1–50, inclusive, 25 Defendants. 26 27 COMES NOW Plaintiff ANGELO CALOIARO, an individual (hereafter “Plaintiff”), and 28 alleges as follows: 1 VERIFIED COMPLAINT 1 INTRODUCTION 2 1. This case involves ownership and possession of a parcel of real property—more 3 specifically, a small, rectangular area of land ten feet wide that has been treated as being part of Plaintiff’s 4 Property (as herein defined) for decades. In fact, part of Plaintiff’s home was built on this rectangle and 5 has existed there since at least the early 1980s. This rectangle is not specifically included in Plaintiff’s 6 title, but it is specifically “excepted” from the neighboring lot, thus leaving this rectangle as being 7 untethered from any of the lots in the development. It has always been treated as being part of Plaintiff’s 8 Property—there is a fence separating it from other lots, a door to Plaintiff’s home opens directly onto it, 9 and part of Plaintiff’s garage is built on it. 10 2. Plaintiff is unaware of any disputes that have ever existed as to the ownership of the 11 subject rectangle, and Plaintiff was issued a title policy when he acquired Plaintiff’s Property. Thus, 12 even a title company is unconcerned with any disputed ownership of this small rectangle. This action 13 was only necessitated as Plaintiff wanted to make a small modification to his home, and in order to have 14 a building permit issued, his ownership of this area must be established. Plaintiff thus brings this action 15 to quiet title and reform his deed to establish this small rectangle as being part of Plaintiff’s Property. 16 PARTIES 17 3. Plaintiff ANGELO CALOIARO (hereafter “Plaintiff”) is an individual and resident of 18 the State of California. Plaintiff is the owner of the hereinafter described real property identified as the 19 “Plaintiff’s Property” and the “Excepted Walk F” which is the subject of this action. 20 4. Plaintiff alleges on information and belief that Defendant SANTA CRUZ BEACH, LLC 21 (hereafter “Santa Cruz Beach”), is a limited liability company who at all relevant times herein was 22 qualified to transact business in the State of California. Santa Cruz Beach is the current owner of the 23 parcel of land adjacent to Plaintiff’s Property and the Excepted Walk F. Santa Cruz Beach is being named 24 as a defendant solely for the purpose of providing notice of this action as it may claim an interest in the 25 Excepted Walk F. No damages or costs are sought from Santa Cruz Beach in this litigation. 26 5. Plaintiff alleges on information and belief that Defendant THE EDNA CATHERINE 27 MESSINI REVOCABLE LIVING TRUST dated August 25, 1989 (hereafter “the Messini Trust”), is the 28 former owner of Plaintiff’s Property and the Excepted Walk F, which is the subject of this action. 2 VERIFIED COMPLAINT 1 Plaintiff further alleges on information and belief that Defendant ROGER R. SPOTSWOOD (hereafter 2 “Spotswood”) is an individual, resident of the State of California, and is the duly appointed Trustee of 3 the Messini Trust. The Messini Trust, and Spotswood as its Trustee, are being named as defendants 4 solely for the purpose of providing notice of this action as they may claim an interest in the Excepted 5 Walk F. No damages or costs are sought from The Messini Trust or Spotswood in this litigation. 6 6. Plaintiff alleges on information and belief that Defendant ROCKET MORTGAGE, LLC 7 (hereafter “Rocket Mortgage”), is a limited liability company who at all relevant times herein was 8 qualified to transact business in the State of California. Rocket Mortgage is the current Lender under a 9 2023 Deed of Trust naming Plaintiff as the Borrower. Rocket Mortgage is being named as a defendant 10 solely for the purpose of providing notice of this action as it may claim an interest in the Excepted Walk 11 F. No damages or costs are sought from Rocket Mortgage in this litigation. 12 7. Plaintiff alleges on information and belief that Defendant, MORTGAGE ELECTRONIC 13 REGISTRATION SYSTEMS, INC. (hereafter “MERS”), is a corporation who at all relevant times 14 herein was qualified to transact business in the State of California. MERS is the current beneficiary under 15 the 2023 Deed of Trust acting solely as nominee for Rocket Mortgage. MERS is being named as a 16 defendant solely for the purpose of providing notice of this action as it may claim an interest in the 17 Excepted Walk F. No damages or costs are sought from MERS in this litigation. 18 8. Plaintiff does not know the exact names, capacities, or interests in the Excepted Walk F 19 of certain defendants whom Plaintiff designates for this action as “all persons unknown, claiming any 20 legal or equitable right, title, estate, lien, or interest in the property described in the Complaint adverse 21 to Plaintiff’s title, or any cloud upon Plaintiff’s title thereto.” Plaintiff seeks to quiet title in the Excepted 22 Walk F against each such defendant, and each such defendant has no right, title, or interest in the 23 Excepted Walk F. Plaintiff will serve this class of defendants by publication as the Court allows. 24 9. Plaintiff is ignorant of the true names of the defendants sued herein as DOES 1–50, 25 inclusive, and therefore sues those defendants under such fictitious names. Plaintiff alleges upon 26 information and belief that each of the fictitiously named defendants is responsible in some manner for 27 the actions or inactions alleged below. Plaintiff will amend this Complaint when the true identities of 28 any DOES are ascertained. 3 VERIFIED COMPLAINT 1 10. Plaintiff alleges that at all relevant times each named and unnamed defendant was the 2 agent and/or employee of the other co-defendants, and at all times each defendant was and is acting 3 within the purpose and scope of such agency and/or employment and with the permission and consent 4 of his/her/its co-defendants with knowledge, authorization, permission, consent, and/or subsequent 5 ratification and approval of each co-defendant. Plaintiff further alleges that each named and unnamed 6 defendant knowingly and willfully conspired and agreed to deprive Plaintiff of his rights. 7 11. Jurisdiction and venue are proper in the Superior Court of California, County of Santa 8 Cruz, because: (i) pursuant to Code of Civil Procedure § 392, this action seeks a determination of the 9 rights and interests in real property located in Santa Cruz County, and (ii) the events giving rise to the 10 causes of action Plaintiff asserts in this Complaint occurred in Santa Cruz County. 11 BACKGROUND ALLEGATIONS 12 12. Plaintiff’s Property is located at, and is commonly referred to as, 1532 Wharf Road, 13 Capitola, California, 95010, or alternatively, 1500 Wharf Road #32, Capitola, California, 95010. The 14 legal description of the Plaintiff’s Property is as follows: 15 Lots 42, 43, 44, and 51 of Venetian Court, as numbered and designated upon the map entitled “Map of Venetian Court, Capitola, Santa Cruz, Co., being part of the Rancho 16 Arroyo Del Rodeo, Lloyd Bowman, County Surveyor, March, 1924” filed March 21st, 1924, in Volume 18 of Maps, Page 44, Santa Cruz County Records. 17 18 A true and correct copy of the aforementioned Map of Venetian Court filed March 21st, 1924, in Volume 19 18 of Maps, Page 44, Santa Cruz County Records (hereafter “the Map of Venetian Court”) is attached 20 hereto as Exhibit “1.” 21 13. Pursuant to Code of Civil Procedure § 761.020(b), a true and correct copy of a January 22 23, 2024, report guaranteeing Plaintiff’s title to Plaintiff’s Property is attached hereto as Exhibit “2.” 23 14. Immediately adjacent to the entire Southeastern side of Plaintiff’s Property is a ten-foot- 24 wide strip of land referred to as Walk F on the Map of Venetian Court (hereafter “the Full Walk F”). 25 15. Plaintiff’s Property and the Full Walk F were originally included in a much larger parcel 26 of land owned by Raymond Messini and Edna Messini (hereafter “the Messinis”). 27 16. On or about March 31, 1978, Raymond Messini and Edna Messini conveyed a portion of 28 their property to Lou Bartfield and Isabel Bartfield, as evidenced by a grant deed recorded on March 31, 4 VERIFIED COMPLAINT 1 1978, in Book 2891, Page 625, of the Official Records of the Santa Cruz County Recorder’s Office, 2 under Recorder’s Series Number 15789. A true and correct copy of the Messini to Bartfield 1978 grant 3 deed is attached hereto as Exhibit “3.” 4 17. The Messinis’ 1978 conveyance to the Bartfields included Lots 28 through 34, Lot 50, 5 and the majority of the Full Walk F of Venetian Court, as designated on the Map of Venetian Court. 6 However, excepted from the Messinis’ 1978 conveyance to the Bartfields was a small segment of the 7 Full Walk F with the following legal description: 8 BEGINNING at a station in the Southeastern boundary of Lot 43 in said Subdivision from which a lead plug and brass tag “RCE 6270” at the Northwestern corner of Lot 34 in said 9 Subdivision bears North 23° 44’ East 55.80 feet and South 66° 16’ East 10.00 feet distant; 10 THENCE from said point of beginning along the Northwestern boundary of said Walk F 11 North 23° 44’ East 55.80 feet to the Northwestern corner of said Walk F; thence South 66° 16’ East 8.07 feet; thence South 24° 00’ West 55.80 feet; thence North 66° 24’ West 7.81 12 feet to the place of beginning. 13 18. This segment of the Full Walk F which was excepted from the Messinis’ 1978 14 conveyance to the Bartfields is hereafter referred to as the “Excepted Walk F”. A true and correct copy 15 of a June 2023 survey of the Excepted Walk F is attached hereto as Exhibit “4.” 16 19. On or about September 7, 1989, Edna Messini conveyed the Plaintiff’s Property to 17 Douglas George Messini as Trustee of the the Messini Trust, as evidenced by a quitclaim deed recorded 18 on September 7, 1989, in Volume 4559, Page 195, of the Official Records of the Santa Cruz County 19 Recorder’s Office, under Recorder’s Series Number 057382. The Excepted Walk F was not included in 20 this deed, and Plaintiff is informed and believes that it was inadvertently omitted from this deed and 21 should have been conveyed to the Messini Trust via the 1989 Quitclaim Deed. A true and correct copy 22 of the Edna Messini to Messini Trust 1989 Quitclaim Deed is attached hereto as Exhibit “5.” 23 20. On or about May 23, 2023, Spotswood and the Messini Trust conveyed Plaintiff’s 24 Property to Plaintiff, as evidenced by a grant deed recorded on May 23, 2023, in the Official Records of 25 the Santa Cruz County Recorder’s Office, under Recorder’s Series Number 2023-0009013. The 26 Excepted Walk F was not included in this deed, and Plaintiff is informed and believes that it was 27 inadvertently omitted from this deed and should have been conveyed to Plaintiff via the 2023 Grant 28 Deed. A true and correct copy of the Messini Trust to Plaintiff 2023 Grant Deed is attached hereto as 5 VERIFIED COMPLAINT 1 Exhibit “6.” 2 21. The Full Walk F—excluding, critically, the Excepted Walk F—is currently owned by 3 Santa Cruz Beach, as evidenced by a grant deed recorded on July 5, 2019, in the Official Records of the 4 Santa Cruz County Recorder’s Office, under Recorder’s Series Number 2019-0018621. A true and 5 correct copy of the Santa Cruz Beach grant deed is attached hereto as Exhibit “7.” 6 22. Notably, the Excepted Walk F was expressly excepted from the portion of the Full Walk 7 F that was conveyed to Santa Cruz Beach in its 2019 grant deed (see Exhibit “7”), just as it was 8 previously excepted from the Messini to Bartfield 1978 grant deed (see Exhibit “3”). Accordingly, Santa 9 Cruz Beach does not hold title to the Excepted Walk F. 10 23. Plaintiff has had exclusive possession and control of both Plaintiff’s Property and the 11 Excepted Walk F since May 2023 and has maintained improvements upon the Excepted Walk F 12 throughout that time. 13 24. Plaintiff is informed and believes that prior to his taking possession of Plaintiff’s 14 Property, the Messini family had exclusive possession and control of both Plaintiff’s Property and the 15 Excepted Walk F since at least 1978 and has maintained improvements upon the Excepted Walk F 16 throughout that time. 17 25. Plaintiff is informed and believes that no other party has a superior claim of title over the 18 Excepted Walk F than Plaintiff’s claim, and there are no adverse claims to Plaintiff’s title. 19 FIRST CAUSE OF ACTION 20 (For Quiet Title as Against All Defendants and DOES 1–50) 21 26. Plaintiff incorporates the allegations asserted above and re-alleges them as though 22 repeated in full in this cause of action. 23 27. Plaintiff is the owner in fee of both Plaintiff’s Property and the Excepted Walk F, and is 24 in possession and control of both Plaintiff’s Property and the Excepted Walk F. 25 28. Plaintiff obtained fee simple title to Plaintiff’s Property and the Excepted Walk F on May 26 23, 2023, as evidenced by the 2023 Messini Trust to Plaintiff Grant Deed. (See Exhibit “6”). 27 29. Plaintiff alleges on information and belief that Defendants may claim an interest adverse 28 to Plaintiff’s title to the Excepted Walk F based on the March 31, 1989, Edna Messini to Messini Trust 6 VERIFIED COMPLAINT 1 Quitclaim Deed which inadvertently omitted the Excepted Walk F from the property being conveyed by 2 the Edna Messini to the Messini Trust in 1989, and then later to Plaintiff in 2023. (See Exhibits “3” 3 through “7”). These claims are without any right and defendants have no right, title, estate, lien, or 4 interest in the Excepted Walk F. 5 30. Plaintiff seeks a determination of his fee simple title to the Excepted Walk F in this action 6 as of May 23, 2023, the date on which Plaintiff obtained fee simple title to Plaintiff’s Property and the 7 Excepted Walk F notwithstanding the erroneous omittance of the Excepted Walk F from the 1989 Edna 8 Messini to Messini Trust Quitclaim Deed. (See Exhibits “5” and “6”). 9 31. Plaintiff does not know the exact names, capacities, or interests in the Excepted Walk F 10 of certain defendants whom Plaintiff designates for this action as “all persons unknown, claiming any 11 legal or equitable right, title, estate, lien, or interest in the property described in the Complaint adverse 12 to Plaintiff’s title, or any cloud upon Plaintiff’s title thereto.” Plaintiff seeks to quiet title in the Excepted 13 Walk F against the claim of each such defendant, and each such defendant has no right, title, or interest 14 in the Excepted Walk F or any part of it. Plaintiff will serve this class of defendants by publication as 15 the Court allows. 16 32. For these reasons, Plaintiff is entitled to a determination that his interest in the Excepted 17 Walk F is superior to all other Defendants from and after May 23, 2023. 18 SECOND CAUSE OF ACTION 19 (For Reformation of Instrument as Against All Defendants and DOES 1–50) 20 33. Plaintiff incorporates the allegations asserted above and re-alleges them as though 21 repeated in full in this cause of action. 22 34. On or around May 23, 2023, Spotswood and the Messini Trust executed the grant deed 23 conveying Plaintiff’s Property from the Messini Trust to Plaintiff, and intending to convey the Excepted 24 Walk F to Plaintiff. (See Exhibit “6”). 25 35. Plaintiff alleges on information and belief that due to a mutual mistake of the parties, the 26 May 23, 2023, grant deed failed to correctly describe the real property intended to be conveyed by the 27 May 23, 2023, grant deed, in that the legal description of the real property included on the May 23, 2023, 28 grant deed included the Plaintiff’s Property, but incorrectly omitted the Excepted Walk F, as the property 7 VERIFIED COMPLAINT 1 being conveyed. (See Exhibits “3” through “6”). 2 36. The mutual mistake and error in the May 23, 2023, grant deed was not discovered until 3 after the May 23, 2023, grant deed had been recorded in the Official Records of the Santa Cruz County 4 Recorder’s Office. 5 37. It is necessary that the May 23, 2023, grant deed be reformed to express the true 6 conveyance of real property intended by the Messinis and by Plaintiff, by including in the May 23, 2023, 7 grant deed the property with the following legal description: 8 BEGINNING at a station in the Southeastern boundary of Lot 43 in said Subdivision from which a lead plug and brass tag “RCE 6270” at the Northwestern corner of Lot 34 in said 9 Subdivision bears North 23° 44’ East 55.80 feet and South 66° 16’ East 10.00 feet distant; 10 THENCE from said point of beginning along the Northwestern boundary of said Walk F 11 North 23° 44’ East 55.80 feet to the Northwestern corner of said Walk F; thence South 66° 16’ East 8.07 feet; thence South 24° 00’ West 55.80 feet; thence North 66° 24’ West 7.81 12 feet to the place of beginning. 13 PRAYER FOR RELIEF 14 WHEREFORE, Plaintiff prays for relief as follows: 15 1. For a judgment quieting title to the Excepted Walk F, and establishing that Plaintiff is 16 the fee simple owner of the Excepted Walk F as of May 23, 2023, the date on which the Messini Trust 17 to Plaintiff Grant Deed was recorded, notwithstanding the erroneous omittance of the Excepted Walk F 18 from the 1989 Edna Messini to Messini Trust Quitclaim Deed, and that none of the Defendants have 19 any right, title, estate, lien or interest in the Excepted Walk F adverse or superior to Plaintiff’s interest; 20 2. For an order and judgment reforming the May 23, 2023, Messini Trust to Plaintiff Grant 21 Deed to express the true intended conveyance of the Excepted Walk F to Plaintiff; and 22 3. For such other relief that the Court deems proper. 23 24 Dated: March 4, 2024 LS CARLSON LAW, PC 25 By: 26 RYAN M. DAVIES RICHARD B. CANADA 27 Attorneys for Plaintiff ANGELO CALOIARO 28 8 VERIFIED COMPLAINT EXHIBIT “1” EXHIBIT “2” Order No. Ref No. Guarantee No. 2202074625-PL Caloiaro A04037-CTG-146134 CONDITION OF TITLE GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A: Dated: January 23rd, 2024 at 8:00:00 AM OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Corporation 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371-1111 Countersigned: By Validating Officer CLTA Guarantee Form No. 28 – Condition of Title Guarantee Face Page (06-05-14) ORT 5314 Schedule A Order No. 2202074625-PL Ref. No. Caloiaro Guarantee No. A04037-CTG-146134 Liability $ 500.00 Date of Guarantee January 23rd, 2024 at 8:00:00 AM Fee $ 400.00 1. Name of Assured: LS Carlson Law, PC 2. The estate or interest in the Land which is covered by this Guarantee is: Fee 3. The Land referred to in this Guarantee is situated in the County of Santa Cruz, City of Capitola, State of California, and is described as follows: Lots 42, 43, 44 and 51 of Venetian Court, as numbered and designated upon the map entitled “Map of Venetian Court, Capitola, Santa Cruz Co., being a part of the Rancho Arroyo Del Rodeo, Lloyd Bowman, County Surveyor, March 21st, 1924 in Volume 18 of Maps, Page 44, Santa Cruz County Records. APN: 035-191-01 4. Assurances: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: Angelo Caloiaro, a Married Man as His Sole and Separate Property b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. Page_2_of_6 Pages OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY CLTA Guarantee Form No. 28 – Condition of Title Guarantee Schedule A (06-05-14) Schedule B Order No. 2202074625-PL Ref. No. Caloiaro Guarantee No. A04037-CTG-146134 Liability $ 500.00 Date of Guarantee January 23rd, 2024 at 8:00:00 AM Fee $ 400.00 1. Taxes and assessments, general and special, for the fiscal year 2024 - 2025, a lien, but not yet due or payable. 2. Taxes and assessments, general and special, for the fiscal year 2023 - 2024, as follows: Assessor's Parcel No : 035-191-01-000 Code No. : 003-108 1st Installment : $913.39 Marked Paid 2nd Installment : $913.39 NOT Marked Paid Land Value : $31,811.00 Imp. Value : $28,031.00 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq., of the Revenue and Taxation Code of the State of California. 4. Any special tax which is now a lien and that may be levied within the CFD No. 2016-1 Library Facilities, a notice(s) for which having been recorded. NOTE: Among other things, there are provisions in said Notice for a special tax to be levied annually, the amounts of which are to be added to and collected with the property taxes. NOTE: The current annual amount levied against this land is $49.50. 5. The herein described property lying within the proposed boundaries of a Community Facilities District, as follows: District No : 2014-1 For : Clean energy Disclosed By : Assessment Map Recorded : November 10, 2016 in Book 17 of Assessment Maps, Page 29 under Recorder's Series Number 2016-44482 Further information may be obtained by contacting: Page_3_of_6 Pages OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY CLTA Guarantee Form No. 28 – Condition of Title Guarantee Schedule B (06-05-14) 6. Covenants, Conditions and Restrictions which do not contain express provisions for forfeiture or reversion of title in the event of violation, but omitting any covenants or restrictions if any, based upon age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955 of the Government Code, or ancestry, unless and only to the extent that said covenant (a) is exempt under Title 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, as provided in an instrument Recorded : December 7, 1945 in Book 512 of Official Records, Page 192 NOTE: "If this document contains any restriction based on age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955 of the Government Code, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code, by submitting a "Restrictive Covenant Modification" form, together with a copy of the attached document with the unlawful provision redacted to the county recorder's office. The "Restrictive Covenant Modification" form can be obtained from the county recorder's office and may be available on its internet website. The form may also be available from the party that provided you with this document. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." 7. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument : Grant Deed Granted To : Lou Bartfield and Isabel Bartfield, husband and wife, as community property For : Ingress and egress and all utilities Dated : March 28, 1978 Recorded : March 31, 1978 in Book 2891 of Official Records, Page 625 under Recorder's Series Number 15789 Affects : As described therein. 8. Terms and provisions as contained in an instrument, Entitled : Grant Deed Executed By : Raymond E. Messini and Edna C. Messini, husband and wife Dated : March 28, 1978 Recorded : March 31, 1978 in Book 2891 of Official Records, Page 625 under Recorder's Series Number 15789 NOTE: Reference is made to the document for full particulars. Page_4_of_6 Pages OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY CLTA Guarantee Form No. 28 – Condition of Title Guarantee Schedule B (06-05-14) 9. Any encroachment of improvements over the Southeasterly line onto Walk F as shown on the filed map. Notwithstanding anything to the contrary in the Covered Risks or any endorsement, this policy provides no affirmative coverage with respect to the matter(s) referred to in this exception. 10. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount : $1,089,300.00 Trustor/Borrower : Angelo Caloiaro, a Married Man, as His Sole and Separate Property Trustee : Heather Lovier Beneficiary/Lender : Rocket Mortgage, LLC. Dated : May 22, 2023 Recorded : May 23, 2023 in Official Records under Recorder's Series Number 9017 Loan No. : 3527756753 “MIN” : 100039035277567532 NOTE: This loan appears to be registered with Mortgage Electronics Registration Systems, Inc. ("MERS"). Accordingly, the name, address and telephone number of the loan servicer should be obtained by calling the toll-free number, 1-888-679- MERS, and referring to the Mortgage Identification Number ("MIN") shown above 11. Note: Vesting Deed(s) Grant Deed executed by Roger R. Spotswood, Trustee of the Edna Catherine Messini Revocable Living Trust, dated August 25, 1989 to Angelo Caloiaro, a Married Man as His Sole and Separate Property recorded May 23, 2023 in Official Records under Recorder's Series Number 2023-0009013. Quitclaim Deed executed by Liana Lisa Caloiaro, spouse of Grantee to Angelo Caloiaro, a Married Man as His Sole and Separate Property recorded May 23, 2023 in Official Records under Recorder's Series Number 2023-0009014. Page_5_of_6 Pages OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY CLTA Guarantee Form No. 28 – Condition of Title Guarantee Schedule B (06-05-14) Page_6_of_6 Pages OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY CLTA Guarantee Form No. 28 – Condition of Title Guarantee Schedule B (06-05-14) EXCLUSIONS FROM COVERAGE (Revised 06-05-14) Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. DEFINITION OF TERMS 3. NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any The following terms when used in the Guarantee mean: action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or (a) "the Assured": the party or parties named as the proceeding. Assured in this Schedule A, or on a supplemental writing executed by the Company. (b) "Land": the Land described or referred to in Schedule A, 4. COMPANY’S OPTION TO DEFEND OR PROSECUTE and improvements affixed thereto which by law constitute real ACTIONS; DUTY OF ASSURED TO COOPERATE property. The term "land" does not include any property Even though the Company has no duty to defend or prosecute beyond the lines of the area described or referred to in as set forth in Paragraph 3 above: Schedule A, nor any right, title, interest estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or (a) The Company shall have the right, at its sole option and waterways. cost, to institute and prosecute any action or proceeding, (c) "Mortgage": mortgage, deed of trust, trust deed, or interpose a defense, as limited in Paragraph 4(b), or to do any other security instrument. other act which in its opinion may be necessary or desirable to (d) "Public Records": those records established under state establish the correctness of the assurances set forth in statutes at Date of Guarantee for the purpose of imparting Schedule A or to prevent or reduce loss or damage to the constructive notice of matters relating to real property to Assured. The Company may take any appropriate action purchasers for value and without knowledge. under the terms of this Guarantee, whether or not it shall be (e) "Date of Guarantee": the Date of Guarantee set forth in liable hereunder, and shall not thereby concede liability or Schedule A. waive any provision of this Guarantee. If the Company shall (f) “Amount of Liability”: the Amount as stated in exercise its rights under this paragraph, it shall do so Schedule A. diligently. (b) If the Company elects to exercise its options as stated in 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to An Assured shall notify the Company promptly in writing in case object for reasonable cause) to represent the Assured and knowledge shall come to the Assured of any assertion of facts, shall not be liable for and will not pay the fees of any other or claim of title or interest that is contrary to the assurances set counsel, nor will the Company pay any fees, costs or expenses forth in Schedule A and that might cause loss or damage for incurred by an Assured in the defense of those causes of which the Company may be liable under this Guarantee. If action which allege matters not covered by this Guarantee. prompt notice shall not be given to the Company, then all (c) Whenever the Company shall have brought an action or liability of the Company shall terminate with regard to the interposed a defense as permitted by the provisions of this matter or matters for which prompt notice is required; provided, Guarantee, the Company may pursue any litigation to final however, that failure to notify the Company shall in no case determination by a court of competent jurisdiction and prejudice the rights of the Assured under this Guarantee unless expressly reserves the right, in its sole discretion, to appeal the Company shall be prejudiced by the failure and then only to from an adverse judgment or order. the extent of the prejudice. CLTA Guarantee Exclusions and Conditions (Rev 06-05-14) GUARANTEE CONDITIONS (Continuation) (d) In all cases where this Guarantee permits the Company to up to the time of payment or tender of payment and that the prosecute or provide for the defense of any action or Company is obligated to pay. proceeding, the Assured shall secure to the Company the right (b) To pay or otherwise settle with the Assured any claim to so prosecute or provide for the defense of any action or assured against under this Guarantee. In addition, the proceeding, and all appeals therein, and permit the Company to Company will pay any costs, attorneys' fees, and expenses use, at its option, the name of such Assured for this purpose. incurred by the Assured that were authorized by the Company Whenever requested by the Company, the Assured, at the up to the time of payment or tender of payment and that the Company’s expense, shall give the Company all reasonable aid Company is obligated to pay; or in any action or proceeding, securing evidence, obtaining (c) To pay or otherwise settle with other parties for the loss or witnesses, prosecuting or defending the action or lawful act damage provided for under this Guarantee, together with any which in the opinion of the Company may be necessary or costs, attorneys’ fees, and expenses incurred by the Assured desirable to establish the correctness of the assurances set that were authorized by the Company up to the time of forth in Schedule A or to prevent or reduce loss or damage to payment and that the Company is obligated to pay. the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company’s Upon the exercise by the Company of either of the options obligations to the Assured under the Guarantee shall terminate. provided for in 6 (a), (b) or (c) of this paragraph the Company’s obligation to the Assured under this Guarantee for 5. PROOF OF LOSS OR DAMAGE the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue (a) In the event the Company is unable to determine the any and all litigation initiated by the Company pursuant to amount of loss or damage, the Company may, at its option, Paragraph 4. require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the 7. LIMITATION OF LIABILITY defect, lien, encumbrance, or other matter that constitutes the (a) This Guarantee is a contract of Indemnity against actual basis of loss or damage and shall state, to the extent possible, monetary loss or damage sustained or incurred by the Assured the basis of calculating the amount of the loss or damage. claimant who has suffered loss or damage by reason of reliance (b) In addition, the Assured may reasonably be required to upon the assurances set forth in Schedule A and only to the submit to examination under oath by any authorized extent herein described, and subject to the Exclusions From representative of the Company and shall produce for Coverage of this Guarantee. examination, inspection and copying, at such reasonable times (b) If the Company, or the Assured under the direction of the and places as may be designated by any authorized Company at the Company’s expense, removes the alleged representative of the Company, all records, books, ledgers, defect, lien or, encumbrance or cures any other matter assured checks, correspondence and memoranda, whether bearing a afainst by this Guarantee in a reasonably diligent manner by date before or after Date of Guarantee, which reasonably any method, including litigation and the completion of any pertain to the loss or damage. Further, if requested by any appeals therefrom, it shall have fully performed its obligations authorized representative of the Company, the Assured shall with respect to that matter and shall not be liable for any loss grant its permission, in writing, for any authorized or damage caused thereby. representative of the Company to examine, inspect and copy all (c) In the event of any litigation by the Company or with the records, books, ledgers, checks, correspondence and Company’s consent, the Company shall have no liability for loss memoranda in the custody or control of a third party, which or damage until there has been a final determination by a court reasonably pertain to the loss or damage. All information of competent jurisdiction, and disposition of all appeals designated as confidential by the Assured provided to the therefrom. Company pursuant to this paragraph shall not be disclosed to (d) The Company shall not be liable for loss or damage to the others unless, in the reasonable judgment of the Company, it is Assured for liability voluntarily assumed by the Assured in necessary in the administration of the claim. Failure of the settling any claim or suit without the prior written consent of Assured to submit for examination under oath, produce other the Company. reasonably requested information or grant permission to secure reasonably necessary information from third parties as required 8. REDUCTION OF LIABILITY OR TERMINATION OF in the above paragraph, unless prohibited by law or LIABILITY governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: shall reduce the Amount of Liability under this Guarantee pro TERMINATION OF LIABILITY tanto. In case of a claim under this Guarantee, the Company shall 9. PAYMENT OF LOSS have the following additional options: (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the (a) To pay or tender payment of the Amount of Liability Guarantee has been lost or destroyed, in which case proof of together with any costs, attorneys’ fees, and expenses incurred loss or destruction shall be furnished to the satisfaction of the by the Assured that were authorized by the Company Company. CLTA Guarantee Exclusions and Conditions (Rev 06-05-14) GUARANTEE CONDITIONS (Continuation) (b) When liability and the extent of loss or damage has been (c) No amendment of or endorsement to this Guarantee can definitely fixed in