Preview
Superior Court of California
County of Butte
APR 05, 2019
Douglas B. Jacobs SBN 084153
JACOBS, ANDERSON, POTTER & CHAPLIN
20 Independence Circle Kimberly Flener, Clerk
2 g
Chico, CA 95973 By Deputy
Phone: 530-342-6144
Fax: 530-342-6310
djacobs: jape-law.con
Attorneys for Plaintiffs,
Raul Galvan and Rosa Galvan
BUTTE COUNTY SUPERIOR COURT
STATE OF CALIFORNIA
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RAUL GALVAN AND ROSA GALVAN, Case No: 18CV02220
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Plaintiffs, (Unlimited Jurisdiction]
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-vs- NOTICE OF ERRATA TO AMENDED
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COMPLAINT TO QUIET TITLE AND
14 JOHN SUTHERLAND, BARBARA FOR DAMAGES AND PENALTY
SUTHERLAND, the testate and intestate
15 successors of Barbara Sutherland, deceased,
and all persons claiming by, through, or
16 under her; GLEN COUNTY TITLE
COMPANY and all other persons unknown,
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claiming any legal or equitable right, title,
18 estate, lien, or interest in the property
described in this complaint, which is adverse
19 to Plaintiff's title or creates any cloud on
Plaintiff's title, and Does 1 to 20, inclusive,
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21 Defendants.
22 TO THE HONORABLE COURT AND TO ALL PARTIES AND THEIR COUNSEL OF
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RECORD:
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PLEASE TAKE NOTICE that as a result of an error, Plaintiffs Exhibits A, B and C
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were not attached to the Amended Complaint to Quiet Title and For Damages and Penalty filed
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on February 28, 2019.
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NOTICE OF ERRATA TO AMENDED COMPLAINT TO QUIET TITLE AND FOR DAMAGES AND PENALTY,
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Attached hereto as Exhibit A and made part of the Complaint thereof is the Amended
Complaint with Exhibits A, B and C attached thereto.
Dated: dd
Den lt
DouglasB. Jabs, Attorney for Plaintiffs
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NOTICE OF ERRATA TO AMENDED COMPLAINT TO QUIET TITLE AND FOR DAMAGES AND PENALTY
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KE XHEBEP A
Superior Court of Califomia F
Douglas B. Jacobs SBN 084153 County of Butte
JACOBS, ANDERSON, POTTER & CHAPLIN
20 Independence Circle 2/28/2019 L
ge bry.
Chico, CA 95973 E
Phone: 530-342-6144
Fax: $30-342-6310 D D
djacobs@jape-law.com By uty
Attorneys for Plaintiffs,
Raul Galvan and Rosa Galvan
GLENN COUNTY SUPERIOR COURT
STATE OF CALIFORNIA
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RAUL GALVAN AND ROSA GALVAN, Case No: 18CV02220
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Plaintiffs, {Unlimited Jurisdiction]
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-vs- AMENDED COMPLAINT TO QUIET
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TITLE AND FOR DAMAGES AND
14 JOHN SUTHERLAND, BARBARA PENALTY
SUTHERLAND, the testate and intestate
16 successors of Barbara Sutherland, deceased,
and all persons claiming by, through, or
16 under her; GLEN COUNTY TITLE
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COMPANY and all other persons unknown,
claiming any Jegal or equitable right, title,
18 estate, lien, or interest in the property
described in this complaint, which is adverse
19 to Plaintiffs title or creates any cloud on
Plaintiff's title, and Does 1 to 20, inclusive,
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a -- Defendants,
22 Plaintiffs, RAUL GALVAN and ROSA GALVAN herby allege as follows:
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Plaintiffs Raul Galvan and Rosa Galvan are, and at all times mentioned were, married
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individuals residing in the County of Glenn.
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Defendant, Glen County Title Company. is, and at all times mentioned was. a
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corporation, with its principal place of business in Glenn County, California.
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iNDr
3 Defendant John Sutherland, is, and at all times mentioned was, a resident of Mena,
Arkansas.
Defendant Barbara Sutherland is deceased. Plaintiff does not know the names of her
heirs and devisees and therefore designates them as the testate and intestate successors
of Barbara Sutherland. They are sometimes referred to as the “successor defendants.”
Each successor defendant claims some right, title, estate, lien, or interest in the
hereinafter-described property, which is adverse to, or creates a cloud on, plaintiff's title
to that property.
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The defendants designated as all other persons unknown, claiming any legal or
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equitable right, title, estate, lien, or interest in the property described in the complaint,
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13 which claim is adverse to plaintiff's title, or creates any cloud on plaintiff's title
14 (sometimes referred to as the “unknown defendants”), are unknown to plaintiff. Each
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unknown defendant claims some right, title, estate, lien, or interest in the described
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property, which is adverse to, or creates a cloud on, plaintiff's title to that property.
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Defendants, Does | through 20, inclusive, have, or claim to have, an interest in the
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property, the exact nature of which is unknown to Plaintiffs. Plaintiffs are ignorant of
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20 the true names, interests, rights, and capacities of Defendants sued as Does | through
21 20. inclusive, and therefore sues these Defendants by those fictitious names. Plaintiff
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will amend this complaint to allege their true names, rights, interests, and capacities
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when they are ascertained.
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On December 28. 1988, Plaintiffs, for a valuable consideration, made and delivered a
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promissory note (“the note”) in the sum of $ 56.000. with interest at the rate
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AMENDED COMP!
+2
of 10 percent, dated December 28, 1988. A true and correct copy of said note is
attached hereto and made a part hereof as Exhibit A.
On the same day, Plaintiffs executed and delivered to Defendants, John Sutherland and
Barbara T. Sutherland, as beneficiary, a certain trust deed (“the trust deed”) recorded
in Glenn County, California, as instrument # 89-0141, and covering the following
described real property situated in that county (“the property”): 1007 Cortana Drive,
Orland, California 95963 and more particularly described in Exhibit B attached hereto
and made a part hereof. The trust deed conveyed the property to defendant Glenn
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County Title Company as trustee.
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Plaintiffs, on or about December 1, 2016, paid in full the obligation secured by the trust
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13 deed. At that time Plaintiffs, in writing, notified Defendants John Sutherland and
14 Barbara Sutherland and requested that Defendants, John Sutherland and Barbara
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Sutherland, expedite the execution and recording of a reconveyance and deliver to
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Plaintiffs the note and trust deed. When Defendants failed to respond, an additional
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letter was sent on January 29, 2018 requesting the same. A true and correct copy of the
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request is attached as Exhibit C and incorporated by reference,
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20 10. In spite of Plaintiff's payment of the secured obligation and repeated requests that
21 Defendants, John Sutherland and Barbara Sutherland to reconvey the title to Plaintiffs
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as required by law and deliver to Plaintiffs the note and trust deed, Defendants, John
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Sutherland and Barbara Sutherland have failed and refused. and continues to fail and
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refuse, to do so.
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11 As a proximate result of this failure and refusal of Defendants John Sutherland and
27 Barbara Sutherland to reconvey, Plaintiffs are unable to clear title to the property all to
AMENDED C De TAN
3.
Plaintiffs’ damage in a sum to be ascertained. Plaintiffs will seek leave of court to
amend this complaint when said amount of damages is ascertained.
12. Additionally, when an accounting of the amounts paid pursuant to the Promissory note
was done, it became apparent that Plaintiffs overpaid Defendants by the sum of $ 5,976
and Defendants, having been notified thereof, refuse and continue to refuse to repay
said sum to Plaintiffs.
WHEREFORE, plaintiff prays judgment as follows:
1, For judgment quieting Plaintiffs’ title to the property against Defendants;
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2. For damages in a sum to be ascertained:
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3 For further damages of $ 5,976 for overpayment of the amount due under the
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13 Promissory note plus interest thereon from January 1, 2017 until paid;
14 For a statutory penalty in the further sum of $500;
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For costs of suit herein incurred; and
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For such other and further relief as the court may deem proper.
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go
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Dated: 4 LB,
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21 Diecthe ¢ tho
-DouglasT, Jacobs-Attorney for Plaintiffs
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ONT
EXHIBIT A
ESCROW” TITLE ORDER NO.
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a Fidelity National Title
INSURANCE COMPANY OF CALIFORNIA.
NOTE SECURED BY DEED OF TRUST
(installment Interest Included)
556,000.00 Willows California_December_28 19_88
In installments as herein stated, for value received, | promise to pay 10. JOHN SUTHERLAND and BARBARA T
SUTHERLAND, husband and wife, as Joint Tenants
or order,
at the
FIFTY SLX THOUSAND and_no/100--- — DOLLARS,
sum of,
with interest from. on unpaid principal at the rate of 10
per cent per annum. Principal and interest payable in monthly installments of
FOUR HUNDRED NINETY ONE and 45/100-. ($491.45): DOLLARS.
OR MORE on the. day of each month,
beginning on the day of 19 .
and continuing until said principal and interest have been paid.
Each payment shall be credited on interest then due and the remainder on principal; and interest shall thereupon cease
upon the principal so credited. Should default be made in payment of any installment when due the whole sum of principal
and interest shall become immediately due at the option of the holder of this note. Principal and interest payable in lawful
money of the United States. If action be instituted on this note I promise to pay such sum asthe Court may fix as attorney's
fees. This note is secured by a Deed of Trust GORDO via si LOANED EK
BALANCE CAN BE PAID WITHOUT PREPAYMENT INTEREST AT ANY TIME
RAUL CALVAN ROSA M. GALVAN
Do Not Destroy This Note
When paid, this note, with Deed of Trust securing same, must be surrendered to Trustee for cancellation before reconveyance wi mace,
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{ EXHIBIT
paGeE_{ OF
"7
Date of last Insurance:
Over flve years
To: Alleen Porter Realty Your No.
P.O, Box 157
Orland, CA 95963 Our No. 49418
Effective Date December 15, 1988
at 7:30 A.M.
Property Address:
The form of Policy or Policies of title insurance contemplated by this report is:
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY—1973
SCHEDULE B
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY
(Revised 10-21-87)
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
OTHER:
The estate or interest in the land hereinafter described or referred to covered by this Report is:
"A FEE"
Title to said estate or interest at the date hereof is vested in:
JOHN SUTHERLAND AND BARBARA T, SUTHERLAND, his wife, as JoInt Tenants
The land referred to in this Report is situated in the State of California,
County of enn, and is described as follows:
SEE DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy
form would be as follows:
SEE EXCEPTIONS ATTACHED HERETO AND MADE A PART HEREOF
FORM T-910
1
(Amended 2/87)
a
RTT
al I3t
ADF)
PRELIMINARY REPORT - ORDEt . 49418
g
EXCEPT IONS:
1, 1988-89 taxes a Ilen, now due and payable,
ist Installment: $310.32 unpald (will become delinquent January 13, 1989)
2nd Installment: $310.32 unpald (will become delinquent Aprii 10, 1989)
2. The lien of supplemental taxes, If any, assessed pursuant to the provisions of
Senate Bill 813, effective July 1, 1983.
3. Right of way for road as shown on the map herein referred to. (County Road FF or
Cedar Ave.)
4 Reservation contained In Deed from W, M, Fritz and Dorothy M. Fritz, husband and
wife, to Danlel H. McCahan and Eudora S, McCahan, hls wife, as JoIlnt Tenants, dated
January 25, 1973 and recorded February 6, 1973 In Book 556 of Official Records, at page
500, which recites the following: "RESERVING UNTO THE GRANTORS, HEREIN, a Life Estate
in and to all the oll, gas, minerals, and other hydrocarbon substances, together with
the right to remove the same."
5. Reservation as set forth in the Deed from Daniel H. McCahan et ux to John
Sutherland et al dated November 1, 1978, and recorded November 28, 1978 In Book 637 of
Officlal Records, at page 370.
6. An easement for a cement slab basketball court together with the exclusive right
to use and fence the same as contained In Qultclalm Deed to Donald Sorensen and Betty
L. Sorensen, husband and wife, recorded July 5, 1988, Glenn County Recorder's Flle No.
88-2948.
NOTICE:
On all transactions recorded after January 1, 1985, checks deposited In escrow, which
are drawn on Out of State Banks, may delay closing by as much as 10 days, and drafts
may delay close of escrow for a longer perlod.
All checks drawn on Callfornta Banks, on behalf of, or by buyers, must be In possession
of the escrow holder prior to recording.
SENATE BILL 1550
1988-89 TAX INFORMATION (Assessed Separately) (Full Value)
Parcel No. 044-28-0-042-9
Code Area: 079-001
Assessment No,: 015745
Rew: $18,411.00
Imp. : $56, 836,00
Exemption: $ 7,000.00
Ist Instal|ment: $310.32 unpald
2nd Installment: $310.32 unpaid
Includes: $ 15.00 for spectal assessments
wT
paGE_-2_ OF J4-.
“7
DESCRIPTION PAGE OF PRELIMINARY REPO JRDER NO, 49418
PARCEL ONE as the same is shown on that certaln Parcel Map filed for record In
the office of the County Recorder of the County of Glenn, State of California
on February 29, 1988 In Book 10 of Parcel Maps, at page 15.
EXCEPTING THEREFROM THE FOLLOWING:
A portion of Lot 75 of the Orland Land Company's Murdock SubdIvision, as shown
on that certaln map on file In the Glenn County Recorder's Office In Book 4 of
Maps and Surveys, at page 6, more particularly descrtbed as follows:
Commencing at a 3/4" Iron pipe tagged R.C.E, 22972, said plpe being the
Northwest corner of Parcel One as shown on that certaln parcel map on file at
the Glenn County Recorder's Office In Book 10 of Parcel Maps, at Page 15;
thence South 0° 02' 00" East, 617.33 feet, to a 3/4" iron plpe tagged R.C.E.
22972; thence North 89° 57! 30" East, 125.00 feet; thence North 0° 02! on
West, 617.33 feet; thence South 89° 57! O" West, 125,00 feet to the point of
beginning.
EXCEPTING THEREFROM all the right, title and Interest In and to all the oll,
minerals and other hydrocarbon substances as reserved In the deed fron Daniel
H, McCahan et ux to John Sutherland et al, dated November 1, 1978, recorded
November 28, 1978 In Book 637 of Official Records, at page 370,
NOTE FOR DRAWING DOCUMENTS:
TOGETHER with a ten foot by one hundred foot utll [ty easement over owners
remalning land as shown on that certaln Parcel Map filed for record In the
office of the County Recorder of the County of Glenn, State of Call fornia on
February 29, 1988 in Book 10 of Parcel Maps, at page 15.
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EXHIBIT ft
PAGE _.S_OF
AMERICAN LAND TITLE ASSOCIATION 0. =R’S POLICY FORM B ~ 1970
(f
(AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
These are the exclusions from coverage which are set forth in the American Land Title Association Owner's
Coverage Policy — 1970. .
“The following matters are expressly excluded from the coverage of this policy:
1 Any law, ordinance or governmental regulation {including but not limited to building and zoning or-
dinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regu:
lating the character, dimensions or location of any improvement now or hereafter erected on the land,
or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the
effect of any violation of any such law, ordinance or governmental regulation.
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such
rights appears in the public records at Date of Policy.
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed
to by the insured claimant; (b) not known to the Company and not shown by the public records but
known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate
or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to
the date such insured claimant became_an insured hereunder; (c) resulting in no loss or damage to the
insured claimant; (d) attaching or created‘subsequent to Date of Policy; {e) resulting in loss or damage
which would not have been sustained if the insured claimant had paid value for the estate or interest
insured by this policy.”
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY — 1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
{AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
:
These are the exclusions from coverage which are set forth in the American Land Title Association Loan
Policy — 1970.
“The following matters are expressly excluded from coverage of this policy:
1 Any law, ordinance or governmental regulation (including but not limited to building and zoning or-
dinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regu-
lating the character, dimensidns of location of any improvement now or hereafter erected on the land,
or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the ef-
fect of any violation of any such law, ordinance or governmental regulation,
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such
rights appears in the public recards at Date of Policy.
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed
to by the insured claimant; (b) not known to the Company and not shown by the public records
but
known to the insured claimant sither at Date of Policy or at the date such claimant acquired an estate
or interest insured by this pollcy or acquired the insured mortgage and not disclased in writing by
the
insured claimant to the Company prior to the date such insured claimant became an insured hereunder;
(c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date
of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or materi-
al or to the extent insurance is afforded herein as to assessments for street improvements under con-
struction or completed at Date of Policy).
Unenforceabtlity of the lien of the insured mortgage because of faiture of the insured at Date of Policy
or of any subsequent owner of the indebtedness to comply with applicable
“doing business” laws of
the state in which the land is situated.”
EXHIBIT
PAGE lp OF f/
7S
STAI re [oi
REAL EN O} ND CEI IPTZEOR
IF DEE
CAL xe
Ortand— Caliornia. —peeemsert3,—1985——""°
Received trom Rosa _and Raul Galva:
herein called Buyer, the sum of se Cnn ne tor tos ee Dollars $
TOO. 00
evidenced by [Xcash, LI cashiér's check, C] personal check or payable to.
. to be held uncashed until acceptance ofthis-ofter as:depositon account ofipurchasaprice of
s Dollars $
forthe purchaseof property, situated in Or land—A County ey
of BS ARR nia,
follows:
1, FINANC The obtaining of Buyer's financing is a contingency of this agreement.
‘A; DEPOSIT upon acceptance, to be deposited into § 100.00
‘INCREASED DEPOSIT within. days of Seller's acceptance to be deposited into
ICE OF DOWN PAYMENT to-be deposited into ‘on Peet rore of esero 00
oe a
OF pune ee PRICE AS FOLLOWS:
oe of 56,000 payable at $h9145 permonth—tnchudt
er est, Talenee
neBa*,
yatta
si PL STaVetVib
Aa aad del
ba VeRU
E: Inthe event-Buyer assumes or takes title subject to an existing loan, Seller shall provide Buyer-with
copies of
applicable notes and Deeds of Trust. A loan may contain a number of features which affect the loan, such as interest
rate. changes, monthly payment changes, balloon payments, etc. Buyer-shall be allowed calendar
days after receipt of such copies to notify Sellerin writing of disapproval: FAILURETO SO NOTIFY SELLER SHALL
CONCLUSIVELY BE CONSIDERED APPROVAL. Buyer's approval shall not be unreasonably withheld.
Difference in existing loan balance shall be adjusted in CCashL] Other.
F. Buyer agrees'to act diligently and in:good faith to obtain all applicable financing.
G. OTHER FINANCING TERMS AND CONDITIONS:
2. OCCUPANCY: BuyerX3-doss, L] does not intend to occupy:subject property as:Buyer's primary:residence.
a. SUPELEMENTS: The ATTACHED supplements
are. incorporated here’ ies fakin Sener
SPMoTS sin@it{CAR FORM IOA-11) a
jential Lease- Agreement After Sale (CAR FORM'RLAS-11)
OvAand FHA.Améndiments (GAR FORM VA/FHA-11)
ces 5 Buyér and Seller
ames
Buyer's I
‘of copy of this page, which constitutes Page 1-of__,__ Pages.
Re) Soller’s inials{_____j(____)
FANS oid Hu (76 WG
EAL GAL 0
mr}
EAU Son
=~ orrice use onty
To order, contact — ot Reators® | Reviewed
by Broker of Designee
525 S. Vifgh Avenua, Los Angales, Calforria Eromiwe
Copyright® 5 ‘of Realtors®
IT
QUADRUPLICATE OF
Subject Preverty Address Route 3 Box 3073, Orland, Californta 95963 we
4a éscygu: suyer and Seller shall deliver signed instructions to.Glenn sty Title
Glenn ¢© _.ty Co, __ the escrow holder, within
Title Co.
calendar days from Seller's acceptane which shall provide for closing within _____
30 calendar days from
Seller's acceptance. Escrow fees to be paid as follows: 50/50 Buyer and Seller
5, TITLE: Title is to be free of liens, encumbrances, easements, restrictions, rights and conditions of record or known to Seller, other than the
following: {a) Current property taxes, (b) covenants, conditions, restri \s, and public utility easements of record, if any, provided the
same do not adversely affect the continued use of the property for th 1e purposes for which it is presently being used; unless reasonably
disapproved by Buyer in writing within calendar days of receipt of a current preliminary report furnished
at expense, and (c)
Seller shall furnish Buyer at / expense a standard California Land Title Association policy issued by
#Glenn County Title Co. Company, showing tile vested in Buyer subject only to the
. above. If Seller is unwilling or unable toeliminate any.title matter.disapproved by Buyer as above, Buyermay terminate this agreement. If
Seller fails to deliver title as above, Buyer may-terminate this agreement; in either case, the deposit shall be returned to Buyer.
6. PRORATIONS: Property taxes, premiums on insurance acceptable to Bi er, and None other
Xx (X! XXX: XKXXXXXKKXAKXAXXXAKK
shall be pro-rated as of (a) the date of recordation of deed; or (b)AXXXAAXAXKARAKAKARKARARAXK An ly bond or assessment
which is alien shalt be 0 paid, O assumed-by - County transfer tax, if any, shall be paid by
Wer transfer tax or transfer fee shall be paid by. Seller
. (Real property taxes.will be affected.upon transfer of title.)
7. POSSESSION: Possession and occupancy shall be delivered to Buyer] on-close of escrow, or G1 not later than days
after close of escrow, or
roa tt Powe ites
fed ih instruction 5 4 Lbs Jolows:
oA
Galvan, fas Wife ‘as eT HeLH fatal
i] is refore, give this matter serious
= inn ‘Of taking title maygnave Hanificant | ia
consideration. ) Pate) eae
9, MULTIPLE LISTING SERVICE: If Broke par tof a Board’ Hip jie Ml the Broker is authorized to reportthe
sale, its price, terms, and financing taf fitorm hpub tion, disseqyit on ind iuthorized Board members.
10. LIQUIDATED DAMAGES:If Buyé ete said purch: he dtu led by reason of any default of
Buyer, Seller shall be released [Gat ito sell the propert to lay proceed against Buyer upon
any claim or remedy which fay Wr equity; provided however Hat by placing their initials here
Buyer: ( Sel gree that Sel shall ret in the deposit as liquidated
damages. If the described prop Wel iin With i n re than four tsjon of which the Buyer intends to
occupy as his residence, Selle! damag eposit actually paid, or an amount
therefrom, not more than 3% of the purchase:price and promptly return any excess to Buyer. Buyer and Seller
agree to execute a similar liquidated damages provision, such as California Association of Realtors® Receipt for
Increased Deposit, (RID-11), for any increased deposits. (Funds deposited In trust accounts or in escrow are not
released automatically in the event of a dispute. Release of funds require written agreement of the parties or adjudication.)
11. ARBITRATION: If the only controversyor claim between the parties arises out of or relales to the disposition of he Buyer's deposit, such
controversy or claim shall.atthe election of.the parties be decided by arbitration. Sucti arbitration shall be determined in accordance with
the Rulesof the American Arbitration Association, and judgment upon the award renderedby the Arbitrator(s) may be entered in any court
Preview
Superior Court of California County of Butte APR 05, 2019 Douglas B. Jacobs SBN 084153 JACOBS, ANDERSON, POTTER & CHAPLIN 20 Independence Circle Kimberly Flener, Clerk 2 g Chico, CA 95973 By Deputy Phone: 530-342-6144 Fax: 530-342-6310 djacobs: jape-law.con Attorneys for Plaintiffs, Raul Galvan and Rosa Galvan BUTTE COUNTY SUPERIOR COURT STATE OF CALIFORNIA 10 RAUL GALVAN AND ROSA GALVAN, Case No: 18CV02220 11 Plaintiffs, (Unlimited Jurisdiction] 12 -vs- NOTICE OF ERRATA TO AMENDED 13 COMPLAINT TO QUIET TITLE AND 14 JOHN SUTHERLAND, BARBARA FOR DAMAGES AND PENALTY SUTHERLAND, the testate and intestate 15 successors of Barbara Sutherland, deceased, and all persons claiming by, through, or 16 under her; GLEN COUNTY TITLE COMPANY and all other persons unknown, 17 claiming any legal or equitable right, title, 18 estate, lien, or interest in the property described in this complaint, which is adverse 19 to Plaintiff's title or creates any cloud on Plaintiff's title, and Does 1 to 20, inclusive, 20 21 Defendants. 22 TO THE HONORABLE COURT AND TO ALL PARTIES AND THEIR COUNSEL OF 23 RECORD: 24 PLEASE TAKE NOTICE that as a result of an error, Plaintiffs Exhibits A, B and C 25 were not attached to the Amended Complaint to Quiet Title and For Damages and Penalty filed 26 on February 28, 2019. 27 NOTICE OF ERRATA TO AMENDED COMPLAINT TO QUIET TITLE AND FOR DAMAGES AND PENALTY, -1- Attached hereto as Exhibit A and made part of the Complaint thereof is the Amended Complaint with Exhibits A, B and C attached thereto. Dated: dd Den lt DouglasB. Jabs, Attorney for Plaintiffs 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NOTICE OF ERRATA TO AMENDED COMPLAINT TO QUIET TITLE AND FOR DAMAGES AND PENALTY -2- KE XHEBEP A Superior Court of Califomia F Douglas B. Jacobs SBN 084153 County of Butte JACOBS, ANDERSON, POTTER & CHAPLIN 20 Independence Circle 2/28/2019 L ge bry. Chico, CA 95973 E Phone: 530-342-6144 Fax: $30-342-6310 D D djacobs@jape-law.com By uty Attorneys for Plaintiffs, Raul Galvan and Rosa Galvan GLENN COUNTY SUPERIOR COURT STATE OF CALIFORNIA 10 RAUL GALVAN AND ROSA GALVAN, Case No: 18CV02220 4 Plaintiffs, {Unlimited Jurisdiction] 12 -vs- AMENDED COMPLAINT TO QUIET 413 TITLE AND FOR DAMAGES AND 14 JOHN SUTHERLAND, BARBARA PENALTY SUTHERLAND, the testate and intestate 16 successors of Barbara Sutherland, deceased, and all persons claiming by, through, or 16 under her; GLEN COUNTY TITLE 7 COMPANY and all other persons unknown, claiming any Jegal or equitable right, title, 18 estate, lien, or interest in the property described in this complaint, which is adverse 19 to Plaintiffs title or creates any cloud on Plaintiff's title, and Does 1 to 20, inclusive, 20 a -- Defendants, 22 Plaintiffs, RAUL GALVAN and ROSA GALVAN herby allege as follows: 23 Plaintiffs Raul Galvan and Rosa Galvan are, and at all times mentioned were, married 24 individuals residing in the County of Glenn. 25 Defendant, Glen County Title Company. is, and at all times mentioned was. a 26 corporation, with its principal place of business in Glenn County, California. 27 iNDr 3 Defendant John Sutherland, is, and at all times mentioned was, a resident of Mena, Arkansas. Defendant Barbara Sutherland is deceased. Plaintiff does not know the names of her heirs and devisees and therefore designates them as the testate and intestate successors of Barbara Sutherland. They are sometimes referred to as the “successor defendants.” Each successor defendant claims some right, title, estate, lien, or interest in the hereinafter-described property, which is adverse to, or creates a cloud on, plaintiff's title to that property. 10 The defendants designated as all other persons unknown, claiming any legal or WW equitable right, title, estate, lien, or interest in the property described in the complaint, 12 13 which claim is adverse to plaintiff's title, or creates any cloud on plaintiff's title 14 (sometimes referred to as the “unknown defendants”), are unknown to plaintiff. Each 15 unknown defendant claims some right, title, estate, lien, or interest in the described 16 property, which is adverse to, or creates a cloud on, plaintiff's title to that property. 17 Defendants, Does | through 20, inclusive, have, or claim to have, an interest in the 18 property, the exact nature of which is unknown to Plaintiffs. Plaintiffs are ignorant of 19 20 the true names, interests, rights, and capacities of Defendants sued as Does | through 21 20. inclusive, and therefore sues these Defendants by those fictitious names. Plaintiff 22 will amend this complaint to allege their true names, rights, interests, and capacities 23 when they are ascertained. 24 On December 28. 1988, Plaintiffs, for a valuable consideration, made and delivered a 25 26 promissory note (“the note”) in the sum of $ 56.000. with interest at the rate 27 AMENDED COMP! +2 of 10 percent, dated December 28, 1988. A true and correct copy of said note is attached hereto and made a part hereof as Exhibit A. On the same day, Plaintiffs executed and delivered to Defendants, John Sutherland and Barbara T. Sutherland, as beneficiary, a certain trust deed (“the trust deed”) recorded in Glenn County, California, as instrument # 89-0141, and covering the following described real property situated in that county (“the property”): 1007 Cortana Drive, Orland, California 95963 and more particularly described in Exhibit B attached hereto and made a part hereof. The trust deed conveyed the property to defendant Glenn 10 County Title Company as trustee. 1 Plaintiffs, on or about December 1, 2016, paid in full the obligation secured by the trust 12 13 deed. At that time Plaintiffs, in writing, notified Defendants John Sutherland and 14 Barbara Sutherland and requested that Defendants, John Sutherland and Barbara 15 Sutherland, expedite the execution and recording of a reconveyance and deliver to 16 Plaintiffs the note and trust deed. When Defendants failed to respond, an additional 17 letter was sent on January 29, 2018 requesting the same. A true and correct copy of the 18 request is attached as Exhibit C and incorporated by reference, 19 20 10. In spite of Plaintiff's payment of the secured obligation and repeated requests that 21 Defendants, John Sutherland and Barbara Sutherland to reconvey the title to Plaintiffs 22 as required by law and deliver to Plaintiffs the note and trust deed, Defendants, John 23 Sutherland and Barbara Sutherland have failed and refused. and continues to fail and 24 refuse, to do so. 25 26 11 As a proximate result of this failure and refusal of Defendants John Sutherland and 27 Barbara Sutherland to reconvey, Plaintiffs are unable to clear title to the property all to AMENDED C De TAN 3. Plaintiffs’ damage in a sum to be ascertained. Plaintiffs will seek leave of court to amend this complaint when said amount of damages is ascertained. 12. Additionally, when an accounting of the amounts paid pursuant to the Promissory note was done, it became apparent that Plaintiffs overpaid Defendants by the sum of $ 5,976 and Defendants, having been notified thereof, refuse and continue to refuse to repay said sum to Plaintiffs. WHEREFORE, plaintiff prays judgment as follows: 1, For judgment quieting Plaintiffs’ title to the property against Defendants; 10 2. For damages in a sum to be ascertained: 11 3 For further damages of $ 5,976 for overpayment of the amount due under the 12 13 Promissory note plus interest thereon from January 1, 2017 until paid; 14 For a statutory penalty in the further sum of $500; 15 For costs of suit herein incurred; and 16 For such other and further relief as the court may deem proper. 7 go 18 Dated: 4 LB, 19 20 21 Diecthe ¢ tho -DouglasT, Jacobs-Attorney for Plaintiffs 22 23 24 25 26 27 ONT EXHIBIT A ESCROW” TITLE ORDER NO. - a Fidelity National Title INSURANCE COMPANY OF CALIFORNIA. NOTE SECURED BY DEED OF TRUST (installment Interest Included) 556,000.00 Willows California_December_28 19_88 In installments as herein stated, for value received, | promise to pay 10. JOHN SUTHERLAND and BARBARA T SUTHERLAND, husband and wife, as Joint Tenants or order, at the FIFTY SLX THOUSAND and_no/100--- — DOLLARS, sum of, with interest from. on unpaid principal at the rate of 10 per cent per annum. Principal and interest payable in monthly installments of FOUR HUNDRED NINETY ONE and 45/100-. ($491.45): DOLLARS. OR MORE on the. day of each month, beginning on the day of 19 . and continuing until said principal and interest have been paid. Each payment shall be credited on interest then due and the remainder on principal; and interest shall thereupon cease upon the principal so credited. Should default be made in payment of any installment when due the whole sum of principal and interest shall become immediately due at the option of the holder of this note. Principal and interest payable in lawful money of the United States. If action be instituted on this note I promise to pay such sum asthe Court may fix as attorney's fees. This note is secured by a Deed of Trust GORDO via si LOANED EK BALANCE CAN BE PAID WITHOUT PREPAYMENT INTEREST AT ANY TIME RAUL CALVAN ROSA M. GALVAN Do Not Destroy This Note When paid, this note, with Deed of Trust securing same, must be surrendered to Trustee for cancellation before reconveyance wi mace, FO-30B.1 sony IU 182 = =e no mpaierctsy | stanky. sponth h from closiu ist to start» “ a a { EXHIBIT paGeE_{ OF "7 Date of last Insurance: Over flve years To: Alleen Porter Realty Your No. P.O, Box 157 Orland, CA 95963 Our No. 49418 Effective Date December 15, 1988 at 7:30 A.M. Property Address: The form of Policy or Policies of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY—1973 SCHEDULE B AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (Revised 10-21-87) WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE OTHER: The estate or interest in the land hereinafter described or referred to covered by this Report is: "A FEE" Title to said estate or interest at the date hereof is vested in: JOHN SUTHERLAND AND BARBARA T, SUTHERLAND, his wife, as JoInt Tenants The land referred to in this Report is situated in the State of California, County of enn, and is described as follows: SEE DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: SEE EXCEPTIONS ATTACHED HERETO AND MADE A PART HEREOF FORM T-910 1 (Amended 2/87) a RTT al I3t ADF) PRELIMINARY REPORT - ORDEt . 49418 g EXCEPT IONS: 1, 1988-89 taxes a Ilen, now due and payable, ist Installment: $310.32 unpald (will become delinquent January 13, 1989) 2nd Installment: $310.32 unpald (will become delinquent Aprii 10, 1989) 2. The lien of supplemental taxes, If any, assessed pursuant to the provisions of Senate Bill 813, effective July 1, 1983. 3. Right of way for road as shown on the map herein referred to. (County Road FF or Cedar Ave.) 4 Reservation contained In Deed from W, M, Fritz and Dorothy M. Fritz, husband and wife, to Danlel H. McCahan and Eudora S, McCahan, hls wife, as JoIlnt Tenants, dated January 25, 1973 and recorded February 6, 1973 In Book 556 of Official Records, at page 500, which recites the following: "RESERVING UNTO THE GRANTORS, HEREIN, a Life Estate in and to all the oll, gas, minerals, and other hydrocarbon substances, together with the right to remove the same." 5. Reservation as set forth in the Deed from Daniel H. McCahan et ux to John Sutherland et al dated November 1, 1978, and recorded November 28, 1978 In Book 637 of Officlal Records, at page 370. 6. An easement for a cement slab basketball court together with the exclusive right to use and fence the same as contained In Qultclalm Deed to Donald Sorensen and Betty L. Sorensen, husband and wife, recorded July 5, 1988, Glenn County Recorder's Flle No. 88-2948. NOTICE: On all transactions recorded after January 1, 1985, checks deposited In escrow, which are drawn on Out of State Banks, may delay closing by as much as 10 days, and drafts may delay close of escrow for a longer perlod. All checks drawn on Callfornta Banks, on behalf of, or by buyers, must be In possession of the escrow holder prior to recording. SENATE BILL 1550 1988-89 TAX INFORMATION (Assessed Separately) (Full Value) Parcel No. 044-28-0-042-9 Code Area: 079-001 Assessment No,: 015745 Rew: $18,411.00 Imp. : $56, 836,00 Exemption: $ 7,000.00 Ist Instal|ment: $310.32 unpald 2nd Installment: $310.32 unpaid Includes: $ 15.00 for spectal assessments wT paGE_-2_ OF J4-. “7 DESCRIPTION PAGE OF PRELIMINARY REPO JRDER NO, 49418 PARCEL ONE as the same is shown on that certaln Parcel Map filed for record In the office of the County Recorder of the County of Glenn, State of California on February 29, 1988 In Book 10 of Parcel Maps, at page 15. EXCEPTING THEREFROM THE FOLLOWING: A portion of Lot 75 of the Orland Land Company's Murdock SubdIvision, as shown on that certaln map on file In the Glenn County Recorder's Office In Book 4 of Maps and Surveys, at page 6, more particularly descrtbed as follows: Commencing at a 3/4" Iron pipe tagged R.C.E, 22972, said plpe being the Northwest corner of Parcel One as shown on that certaln parcel map on file at the Glenn County Recorder's Office In Book 10 of Parcel Maps, at Page 15; thence South 0° 02' 00" East, 617.33 feet, to a 3/4" iron plpe tagged R.C.E. 22972; thence North 89° 57! 30" East, 125.00 feet; thence North 0° 02! on West, 617.33 feet; thence South 89° 57! O" West, 125,00 feet to the point of beginning. EXCEPTING THEREFROM all the right, title and Interest In and to all the oll, minerals and other hydrocarbon substances as reserved In the deed fron Daniel H, McCahan et ux to John Sutherland et al, dated November 1, 1978, recorded November 28, 1978 In Book 637 of Official Records, at page 370, NOTE FOR DRAWING DOCUMENTS: TOGETHER with a ten foot by one hundred foot utll [ty easement over owners remalning land as shown on that certaln Parcel Map filed for record In the office of the County Recorder of the County of Glenn, State of Call fornia on February 29, 1988 in Book 10 of Parcel Maps, at page 15. aay ‘Teaser A PAGE ere Be OLS 4 OF[4 ier [Y a ®) ol Bay NN379 . TE Tes Bae 3 33 [eT Fe ty 3? ip ay hk Re g3 2 3 2 We & ie ae na vo Fee. 3 f Ry sate ae “are ToT ay 8 o {I 1S ay s3 BF 8) qs < jy ig ik 18°, Se oo, som SAV LAN TVM sS aovow ye ls “ae Tae 7 Tt ie Ve oo oh sii == We Qzn oe Ge oe ib cel Le sally 2 MW aa Blas =u ga soa ue au we Tour er ak 20 aN vit thy st x]is aye Sh ol Ow BO a ny a ¥!4 ©) na Vv a 22 BR i is by a5 [D 3h? if k gl aN ee Eel & aie a4. nue s0'r ( 3ay Bv039) seone avou 8: ie oF eaae ll!ge ei * g gue 4 2 a! 4 of °F so oo aa ss > oak o we om oo Q: S| =¢ wade oo 39 ney sone pouj eT OOS EEGE © SO yzzsy Ssaaaer - anne —— EXHIBIT ft PAGE _.S_OF AMERICAN LAND TITLE ASSOCIATION 0. =R’S POLICY FORM B ~ 1970 (f (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE These are the exclusions from coverage which are set forth in the American Land Title Association Owner's Coverage Policy — 1970. . “The following matters are expressly excluded from the coverage of this policy: 1 Any law, ordinance or governmental regulation {including but not limited to building and zoning or- dinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regu: lating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became_an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created‘subsequent to Date of Policy; {e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.” AMERICAN LAND TITLE ASSOCIATION LOAN POLICY — 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE {AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE : These are the exclusions from coverage which are set forth in the American Land Title Association Loan Policy — 1970. “The following matters are expressly excluded from coverage of this policy: 1 Any law, ordinance or governmental regulation (including but not limited to building and zoning or- dinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regu- lating the character, dimensidns of location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the ef- fect of any violation of any such law, ordinance or governmental regulation, Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public recards at Date of Policy. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant sither at Date of Policy or at the date such claimant acquired an estate or interest insured by this pollcy or acquired the insured mortgage and not disclased in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or materi- al or to the extent insurance is afforded herein as to assessments for street improvements under con- struction or completed at Date of Policy). Unenforceabtlity of the lien of the insured mortgage because of faiture of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable “doing business” laws of the state in which the land is situated.” EXHIBIT PAGE lp OF f/ 7S STAI re [oi REAL EN O} ND CEI IPTZEOR IF DEE CAL xe Ortand— Caliornia. —peeemsert3,—1985——""° Received trom Rosa _and Raul Galva: herein called Buyer, the sum of se Cnn ne tor tos ee Dollars $ TOO. 00 evidenced by [Xcash, LI cashiér's check, C] personal check or payable to. . to be held uncashed until acceptance ofthis-ofter as:depositon account ofipurchasaprice of s Dollars $ forthe purchaseof property, situated in Or land—A County ey of BS ARR nia, follows: 1, FINANC The obtaining of Buyer's financing is a contingency of this agreement. ‘A; DEPOSIT upon acceptance, to be deposited into § 100.00 ‘INCREASED DEPOSIT within. days of Seller's acceptance to be deposited into ICE OF DOWN PAYMENT to-be deposited into ‘on Peet rore of esero 00 oe a OF pune ee PRICE AS FOLLOWS: oe of 56,000 payable at $h9145 permonth—tnchudt er est, Talenee neBa*, yatta si PL STaVetVib Aa aad del ba VeRU E: Inthe event-Buyer assumes or takes title subject to an existing loan, Seller shall provide Buyer-with copies of applicable notes and Deeds of Trust. A loan may contain a number of features which affect the loan, such as interest rate. changes, monthly payment changes, balloon payments, etc. Buyer-shall be allowed calendar days after receipt of such copies to notify Sellerin writing of disapproval: FAILURETO SO NOTIFY SELLER SHALL CONCLUSIVELY BE CONSIDERED APPROVAL. Buyer's approval shall not be unreasonably withheld. Difference in existing loan balance shall be adjusted in CCashL] Other. F. Buyer agrees'to act diligently and in:good faith to obtain all applicable financing. G. OTHER FINANCING TERMS AND CONDITIONS: 2. OCCUPANCY: BuyerX3-doss, L] does not intend to occupy:subject property as:Buyer's primary:residence. a. SUPELEMENTS: The ATTACHED supplements are. incorporated here’ ies fakin Sener SPMoTS sin@it{CAR FORM IOA-11) a jential Lease- Agreement After Sale (CAR FORM'RLAS-11) OvAand FHA.Améndiments (GAR FORM VA/FHA-11) ces 5 Buyér and Seller ames Buyer's I ‘of copy of this page, which constitutes Page 1-of__,__ Pages. Re) Soller’s inials{_____j(____) FANS oid Hu (76 WG EAL GAL 0 mr} EAU Son =~ orrice use onty To order, contact — ot Reators® | Reviewed by Broker of Designee 525 S. Vifgh Avenua, Los Angales, Calforria Eromiwe Copyright® 5 ‘of Realtors® IT QUADRUPLICATE OF Subject Preverty Address Route 3 Box 3073, Orland, Californta 95963 we 4a éscygu: suyer and Seller shall deliver signed instructions to.Glenn sty Title Glenn ¢© _.ty Co, __ the escrow holder, within Title Co. calendar days from Seller's acceptane which shall provide for closing within _____ 30 calendar days from Seller's acceptance. Escrow fees to be paid as follows: 50/50 Buyer and Seller 5, TITLE: Title is to be free of liens, encumbrances, easements, restrictions, rights and conditions of record or known to Seller, other than the following: {a) Current property taxes, (b) covenants, conditions, restri \s, and public utility easements of record, if any, provided the same do not adversely affect the continued use of the property for th 1e purposes for which it is presently being used; unless reasonably disapproved by Buyer in writing within calendar days of receipt of a current preliminary report furnished at expense, and (c) Seller shall furnish Buyer at / expense a standard California Land Title Association policy issued by #Glenn County Title Co. Company, showing tile vested in Buyer subject only to the . above. If Seller is unwilling or unable toeliminate any.title matter.disapproved by Buyer as above, Buyermay terminate this agreement. If Seller fails to deliver title as above, Buyer may-terminate this agreement; in either case, the deposit shall be returned to Buyer. 6. PRORATIONS: Property taxes, premiums on insurance acceptable to Bi er, and None other Xx (X! XXX: XKXXXXXKKXAKXAXXXAKK shall be pro-rated as of (a) the date of recordation of deed; or (b)AXXXAAXAXKARAKAKARKARARAXK An ly bond or assessment which is alien shalt be 0 paid, O assumed-by - County transfer tax, if any, shall be paid by Wer transfer tax or transfer fee shall be paid by. Seller . (Real property taxes.will be affected.upon transfer of title.) 7. POSSESSION: Possession and occupancy shall be delivered to Buyer] on-close of escrow, or G1 not later than days after close of escrow, or roa tt Powe ites fed ih instruction 5 4 Lbs Jolows: oA Galvan, fas Wife ‘as eT HeLH fatal i] is refore, give this matter serious = inn ‘Of taking title maygnave Hanificant | ia consideration. ) Pate) eae 9, MULTIPLE LISTING SERVICE: If Broke par tof a Board’ Hip jie Ml the Broker is authorized to reportthe sale, its price, terms, and financing taf fitorm hpub tion, disseqyit on ind iuthorized Board members. 10. LIQUIDATED DAMAGES:If Buyé ete said purch: he dtu led by reason of any default of Buyer, Seller shall be released [Gat ito sell the propert to lay proceed against Buyer upon any claim or remedy which fay Wr equity; provided however Hat by placing their initials here Buyer: ( Sel gree that Sel shall ret in the deposit as liquidated damages. If the described prop Wel iin With i n re than four tsjon of which the Buyer intends to occupy as his residence, Selle! damag eposit actually paid, or an amount therefrom, not more than 3% of the purchase:price and promptly return any excess to Buyer. Buyer and Seller agree to execute a similar liquidated damages provision, such as California Association of Realtors® Receipt for Increased Deposit, (RID-11), for any increased deposits. (Funds deposited In trust accounts or in escrow are not released automatically in the event of a dispute. Release of funds require written agreement of the parties or adjudication.) 11. ARBITRATION: If the only controversyor claim between the parties arises out of or relales to the disposition of he Buyer's deposit, such controversy or claim shall.atthe election of.the parties be decided by arbitration. Sucti arbitration shall be determined in accordance with the Rulesof the American Arbitration Association, and judgment upon the award renderedby the Arbitrator(s) may be entered in any court