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Michael J. Lampe #082199
Michael P. Smith #206927
Law Offices of Michael J. Lampe
41 0 West Center Avenue, Suite 202
Visalia. California 93291
Telephone: 559.608.5610 E-FILED
Facsimile: 559.608.5961 1/22/2021 2:03 PM
Superior Court of California
Attorneys for Plaintiff County of Fresno
(.DOO‘NIO'JU‘I-BOOM—h
By: K. Daves, Deputy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF FRESNO
ESPERANZA GALINDO, Case No. 1QCECGO3913
Plaintiff, PLAINTIFFS’ DEFAULT PROVE-UP
BRIEF IN SUPPORT OF ACTION TO
vs. QUIET TITLE
The Testate and Intestate Successors of Hearin :February 4, 2021
DORIS MAE CROCKER, deceased, named Time: :00 a.m.
herein as DOES 1-10; and all persons Dept: 502
Lgnknown, claiming any lega! or equitable Hearing Judge: Hon. Rosemary McGuire
rlght, title,estate, ien. or Interest In the
property described in the complaint adverse Action Filed: October 29, 2019
to plaintiff's title,or any cloud on plaintiff's Trial Date: TBA
title,sued herein as Does 11-20, inclusive.
MMNNNNMNNAAAAAAAAAA
Defendants.
OONQOI-me—tOCDm-dmm-th—io
Plaintiff Esperanza Galindo (Gallindo or Plainfifi) respectfully submits the following
Plaintiff's default prove-up brief in the above-captioned action.
FACTUAL BACKGROUND
IL The Plaintiff and her Purpose of Commencinq this Action
Galindo is the current owner of certain real property (the Property) located in the County
of Fresno, California, described as follows:
PLAINTIFFS‘ DEFAULT PROVE-UF’ BRIEF IN
SUPPORT OF ACTION TO QUIET TITLE
PARCEL ONE:
THE EAST 396 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2,
TOWNSHIP 14 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND
MERIDIAN;
EXCEPTING THEREFROM
THE AND WEST
(DmflmmhooNA
A) EASTERLY 270 FEET THEREOF; (B) THE 100 FEET OF
HE NORTH 218 FEET THEREOF;
PARCEL TWO:
THE EAST 396 FEET OF THAT PORTION OF THE SOUTH HALF OF THE
38§E¥EE%FF SEETFS‘NEz,N%$W¥YEST14%%%RrLE,F§A%FGEW9EE/TS§%GS¥
MERIDIAN, LYING NORTH OF THE CENTER LINE OF
BEASCLBBT%ANSCE:A®I:JAEE
APN: 326-110-47
(Smith Decl., 113)
Galindo acquired her interest in the Property via a grant deed recorded on May 19, 2017
in the official records ofthe county of Fresno as Document No. DOC -201 7-0061 295-00 (the 201 7
Grant Deed). (Galindo Decl., 1T3; Smith Decl., 112) However, on September 27, 2018, after the
acquisition, Galindo received information from the Fresno County Assessors office. which caused
her to become aware of facts suggesting that an outstanding 50% interest in the Property had
inadvertently
NNNNNNNNNJAQJJJA—x—A—x
been
mVOth’N—‘OCDWVOU'l-hWN—AO
created in the surviving siblings of Doris M. Crocker, a prior owner, upon
Crocker’s death on June 24, 2009, years before Galindo acquired the Property in 201 7. (Galindo
Decl., 1]4)This action was brought to clear title in Plaintiff’s name.
B. Prior Ownership of the Propertv
At all relevanttimes mentioned herein priorto December21, 1999, the Property was owned
in fee simple by Doris Mae Crocker aka Doris M. Crocker (Cracker). (Smith Decl., 116) On
December 21, 1999, a grant deed was recorded inthe official records of the county of Fresno as
Document No. DOC-1999-181599, evidencing a grant of the Property from Crocker to Crocker
and her sister, Esther Grace Barnes (Barnes), as joint tenants (the 1999 Grant Deed). (Smith
Decl., 117)
PLAINTIFFS' DEFAULT PROVE—UP BRIEF IN
SUPPORT OF ACTION TO QUIET TITLE
On August 25, 2006, a grant deed was recorded in the official records of the county of
Fresno as Document No. DOC-2006-0178638, evidencing a grant of Barnes’ interest in the
Property to her daughter, Barbara Younker (Younker) (the 2006 Grant Deed). (Smith Decl., 118)
On June 24, 2009, Crocker died. (Smith Decl., 111 3) As of the date she died, Crocker had
never
mmflmmth—K married or had children, but was survived by two sisters, Barnes, and irene E. Libick
(Libick). (Smith Dec|., 1114) On October4, 2016, a quit-claim deed was recorded in the official
records of the county of Fresno as Document No. DOC-201 6-01 351 66, evidencing a grant of any
interest held by Younker to Barnes (the 2016 Quitclaim Deed). (Smith Dec|., 1115)
C. Galindo’s 2017 Acquisition of the Propertv
On May 18, 201 7, a grant deed was recorded in the official records ofthe county of Fresno
as Document No. DOC-2017-0061295—00, evidencing a grant of Barnes’ interest in the Property
to Galindo (the 201 7 Grant Deed). (Smith Dec|., 1111216) On the same day, as part of the same
transaction, a document entitled Affidavit — Death of Joint Tenant was recorded, in the official
records of the county of Fresno as Document No. 201 7-0061 293-00, purporting to showthat due
to the death of Crocker on June 24, 2009, Barnes was the sole surviving joint tenant under the
prior December 21, 1999 grant (Document DOC-1 999—1 81 599) and that Barnes therefore was
the sole owner in fee of the Property prior to the transfer of the Property to Galindo. (Smith Decl.,
1117) On the same day,
memAwN—KOOWVOO‘IAOON—‘O
as part of the same transaction, a deed of trust was recorded in the official
records
NNNNNNNNNAAAJAAAAAA
of the county of Fresno as Document No. 2017-0061296 to secure an original
indebtedness of $77,000.00 in favor of Oro Financial of California, Inc., a California corporation,
which was assigned to Alena J. Harris, Trustee of the Smith Harris Family Trust, Trust “,“B
recorded as Document No. 2017-0061296. (Smith Decl., 1118)
D. The Outstandinq Fractional Interest in the Proner‘tv Held bv Irene E. Libick
Unfortunately, the Affidavit — Death of Joint Tenant, which purported to show that due to
the death of Crocker on June 24, 2009, Barnes was the sole surviving joint tenant under the prior
December 21, 1999 grant (Document DOC-1 999-1 81 599) and that Barnes was therefore the sole
owner in fee of the Property prior to the transfer of the Property to Galindo, was erroneous.
PLAINTIFFS' DEFAULT PROVE-UP BRIEF IN
SUPPORT OF ACTION TO QUIET TITLE
This was because the 2006 Grant Deed had previously unintentionally severed the joint
tenancy between Crocker and Barnes, so from that point forward, the property was no longer held
as a joint tenancy. A joint tenancy in real property is unilaterally severed when one joint tenant
conveys away his or her interest; thereafter, the remaining joint tenants hold as tenants in
common with the severing joint tenant's grantee. Handy v. Shiells (1987) 190 Cal.App.3d 512,
OOmflwmth—X
517, Hammond v. McArthur(1947) 30 Cal.2d 512.
Once the joint tenancy had been unwittingly severed, upon Crocker’s death on June 24,
2009, Younker owned Barnes’ prior 50% interest in the Property, but Crocker’s 50% interest did
not pass only to Barnes as the surviving joint tenant; instead, Crocker’s 50% tenancy in common
interest passed to her two surviving sisters, Barnes and Irene Libick (Libick), under the rules of
intestate succession. Prob. Code, § 6402 reads in pertinent part as follows:
“Except as provided in Section 6402.5, the part of the intestate estate not passing
to the surviving spouse, under Section 6401, or the entire intestate estate if there
is no surviving spouse, passes as follows:
...(c) Ifthe(e is no syrviving issqe or parent, to the issue of the parents or _either of
’33???J?E’é’eg’qfié’i’é'gér’éé’ifigsaéifaéfi§r2’?§msoa£§e%ergée連 fl’fi’é’fiéfi’é‘?
Z’eec’Zaé’Let,
provided in Section 240...”
In other words, after Crocker's death, Barnes and her sister Libick each ended up with
25% interests in the Property, with Younker retaining the 50% interest previously granted to her
from Barnes
NNNNNNNNNAAAAAAAAAA in 2006. After Younker quitclaimed her interest back to Barnes, Barnes then owned
mNOU‘IAQN-AOCOWVOUU‘I-kwNA
only a 75% interest. Thus when Galindo acquired Barnes’ interest in the Property in 2017, Libick
stillretained an outstanding 25% interest. This was the title defect this action was filed to correct.
E. Galindo Learns of the Title Defect in 2018
After acquiring the Property in May, 2017, Galindo received information from the Fresno
County Assessor’s office on September 27, 2018, suggesting that an outstanding 50% interest
in the Property had been inadvertently created in Crocker’s surviving siblings upon her death on
June 24, 2009. (Galindo Decl., 114)
///
PLAlNTIFFS' DEFAULT PROVE-UP BRIEF IN
SUPPORT OF ACTION TO QUIET TITLE
F. Libick Quitclaims her 25% Interest to Galindo
Thereafter, Galindo, through her counsel, determined that other than Barnes, Libick was
Crocker’s only surviving heir, and that she owned an outstanding 25% interest in the property.
(Smith Decl., 1[21) Galindo’s counsel then obtained a quitclaim deed from Libick, which was
recorded on September
(DmNOU'l-th-A
1 1, 201 9, in the official records of the county of Fresno as Document No.
DOC-2019—0103787, evidencing a grant of all of Libick’s interest in the Property to Galindo (the
Libick Quitclaim Deed). (Smith Decl., 1122) As a result, Libick’s portion of the outstanding 50%
interest in the Property was finally transferred to Galindo, who now owns 100% of the Property.
G. Plaintiff bv her Predecessors in Interest Can Also Show Adverse Possession.
Alternatively, even though Galindo can prove all outstanding interests in the Property have
been deeded to her at this point, the evidence also supports her 100% ownership of the Property
by the adverse possession of her predecessor Barbara Younker, who was in possession of the
Property and paid all taxes for approximately 10 years. (Smith Decl., 11119-12) Ownership of
property through adverse possession is well established where use derives from open, notorious,
continuous, and hostile possession of property under a claim of right, and payment of all property
taxes for a five year period. Gi/ardi v. Ha/Iam (1 981) 30 Cal.3d 31 7, 321. As long as there is privity
between successive claimants, for the five year period, the claimant may tack his possession to
that of prior claimants. Sorensen v. Costa (1948) 32 Cal.2d 453, 461.
Here, as stated above,
NNNNNNNNNAAAAAAAAAA
DONOm-thAOCDmNmm-AOONAO
in 2006, Barnes granted her interest inthe Property to her daughter,
Barbara Younker by the 2006 Grant Deed. Between 2006 and 2016, (at which point Barbara
Younker quitclaimed her interest in the Property back to Barnes by the 2016 Quitclaim Deed),
During that approximately 10-year period, Barbara Younker and her husband Tim Younker used
the Property as a single family home, and paid all property taxes during this 10-year period.
(Smith Decl., flfl9-12) Any interest which may have been personally acquired by Tim Younker
during that period was subsequently transferred to Barbara prior to her transfer to Galindo
pursuant to his execution of the interspousal transfer grant deed. (Smith Decl., 1119)
///
PLAINTIFFS' DEFAULT PROVE-UP BRIEF IN
SUPPORT OF ACTION TO QUIET TITLE
H. Procedural Histom
On September 9, 2019, Galindo’s counsel obtained a preliminary report to determine all
vested interests of record inthe Property, prior to commencing this action. (Smith Decl., 1124) This
action was commenced on October 29, 2019. (Smith Dec|., 1|25) A Notice of Pending Action was
recorded
(DmVODO'I-bOONA
the next day in the Fresno County Recorder's Office. (Smith Dec|., 1126) There are no
known named defendants, all unknown defendants have been served by publication and
subsequently defaulted prior to the hearing on these proceedings. (Smith Dec|., 1127) As of the
present, neither Plaintiff nor her attorney are aware of any party showing an interest in the
Property orthese proceedings. (Smith Decl., 1]28;Galindo Dec|., 115) Galindo has intentionally not
included as parties to this action the beneficiaries of the deed of trust in favor of Oro Financial
of California, |nc., a California corporation, which was assigned to Alena J. Harris, Trustee of the
Smith Harris Family Trust, Trust “B” as Galindo has no interest in affecting this security interest,
nor is she seeking to eliminate any of the other encumbrances described in the preliminary report
of September 9, 201 O, who's interests will be statutorily unaffected by this action. (Galindo Decl.,
fl6; Smith Dec|., 1129) Code Civ. Proc.. § 764.045.
POINTS & AUTHORITIES
The elements for a quiet titleaction are (1) description of the property; (2) plaintiffs title or
interest and the basis; (3) defendant's asserting adverse claim or antagonistic property interest;
mVODUW-th—‘OOWNODU'IAOON—‘O
(4) date as
NNNNNNNNNAAAAAAAAAA
of which the determination issought; and (5) prayer for determination of title.(CCP
§761 .020. The court shall examine into and determine the plaintiff‘s title against the claims of all
the defendants. The court shall not enter judgment by default but shall in all cases require
evidence of plaintiff's titleand hear such evidence as may be offered respecting the claims of any
of the defendants, other than claims the validity of which is admitted by the plaintiff in the
complaint. The court shall renderjudgment in accordance with the evidence and the law.
C.C.P.§ 764.010 Section 764.010 requires the trial court to "examine into and determine
the plaintiff's title," to "require evidence of plaintiff's title," and to "hear such evidence as may be
offered respecting the claims of any of the defendants." Harbour Vista, LLC v. HSBC Mon‘gage
PLAINTIFFS' DEFAULT PROVE-UP BRIEF IN
SUPPORT OF ACTION TO QUIET TITLE
Services Inc. (2011) 201 Cal. App. 4th 1496, 1506-1507. Ifa court holds a properly noticed
evidentiary hearing and no defendant turns up, then the court renders judgment "in accordance
with the evidence and the law," based on what ithas before it.Id. at 1508.
Here, the Court should grant Plaintiff’s request to enterjudgment in her favor, establishing
Plaintiff's
(Omflmm-bWN—A
right to ownership of the Property in fee simple, and that Defendants, allof whom are
unknown and thus unnamed, have no right, title,estate, lien, or interest whatever in the Property
adverse to Plaintiff. With respect to the outstanding interest of Libick, such has been quitclaimed
to Plaintiff, such that she now holds a 100% fee interest in the Property. Likewise, in the
alternative, Plaintiff has also shown that she is entitled to ownership of the property through the
adverse, open and notorious use by her predecessor Barbara Younker. Either way, Plaintiff
should have clean title to the property and a judgment clarifying that.
PRAYER
-
Plaintiff respectfully requests the Court executet cposed judgment submitted herewith.
Date: January 22, 2021
‘
es for Plaintiff
=v Mic ael P. Smith
memAWN—XOQQVGU‘I#®N—\O
NNNNNNNNNAAAAAAAAA-k
PLAINTIFFS' DEFAULT PROVE-UP BRIEF IN
SUPPORT OF ACTION TO QUIET TITLE
Preview
Michael J. Lampe #082199 Michael P. Smith #206927 Law Offices of Michael J. Lampe 41 0 West Center Avenue, Suite 202 Visalia. California 93291 Telephone: 559.608.5610 E-FILED Facsimile: 559.608.5961 1/22/2021 2:03 PM Superior Court of California Attorneys for Plaintiff County of Fresno (.DOO‘NIO'JU‘I-BOOM—h By: K. Daves, Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF FRESNO ESPERANZA GALINDO, Case No. 1QCECGO3913 Plaintiff, PLAINTIFFS’ DEFAULT PROVE-UP BRIEF IN SUPPORT OF ACTION TO vs. QUIET TITLE The Testate and Intestate Successors of Hearin :February 4, 2021 DORIS MAE CROCKER, deceased, named Time: :00 a.m. herein as DOES 1-10; and all persons Dept: 502 Lgnknown, claiming any lega! or equitable Hearing Judge: Hon. Rosemary McGuire rlght, title,estate, ien. or Interest In the property described in the complaint adverse Action Filed: October 29, 2019 to plaintiff's title,or any cloud on plaintiff's Trial Date: TBA title,sued herein as Does 11-20, inclusive. MMNNNNMNNAAAAAAAAAA Defendants. OONQOI-me—tOCDm-dmm-th—io Plaintiff Esperanza Galindo (Gallindo or Plainfifi) respectfully submits the following Plaintiff's default prove-up brief in the above-captioned action. FACTUAL BACKGROUND IL The Plaintiff and her Purpose of Commencinq this Action Galindo is the current owner of certain real property (the Property) located in the County of Fresno, California, described as follows: PLAINTIFFS‘ DEFAULT PROVE-UF’ BRIEF IN SUPPORT OF ACTION TO QUIET TITLE PARCEL ONE: THE EAST 396 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 14 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN; EXCEPTING THEREFROM THE AND WEST (DmflmmhooNA A) EASTERLY 270 FEET THEREOF; (B) THE 100 FEET OF HE NORTH 218 FEET THEREOF; PARCEL TWO: THE EAST 396 FEET OF THAT PORTION OF THE SOUTH HALF OF THE 38§E¥EE%FF SEETFS‘NEz,N%$W¥YEST14%%%RrLE,F§A%FGEW9EE/TS§%GS¥ MERIDIAN, LYING NORTH OF THE CENTER LINE OF BEASCLBBT%ANSCE:A®I:JAEE APN: 326-110-47 (Smith Decl., 113) Galindo acquired her interest in the Property via a grant deed recorded on May 19, 2017 in the official records ofthe county of Fresno as Document No. DOC -201 7-0061 295-00 (the 201 7 Grant Deed). (Galindo Decl., 1T3; Smith Decl., 112) However, on September 27, 2018, after the acquisition, Galindo received information from the Fresno County Assessors office. which caused her to become aware of facts suggesting that an outstanding 50% interest in the Property had inadvertently NNNNNNNNNJAQJJJA—x—A—x been mVOth’N—‘OCDWVOU'l-hWN—AO created in the surviving siblings of Doris M. Crocker, a prior owner, upon Crocker’s death on June 24, 2009, years before Galindo acquired the Property in 201 7. (Galindo Decl., 1]4)This action was brought to clear title in Plaintiff’s name. B. Prior Ownership of the Propertv At all relevanttimes mentioned herein priorto December21, 1999, the Property was owned in fee simple by Doris Mae Crocker aka Doris M. Crocker (Cracker). (Smith Decl., 116) On December 21, 1999, a grant deed was recorded inthe official records of the county of Fresno as Document No. DOC-1999-181599, evidencing a grant of the Property from Crocker to Crocker and her sister, Esther Grace Barnes (Barnes), as joint tenants (the 1999 Grant Deed). (Smith Decl., 117) PLAINTIFFS' DEFAULT PROVE—UP BRIEF IN SUPPORT OF ACTION TO QUIET TITLE On August 25, 2006, a grant deed was recorded in the official records of the county of Fresno as Document No. DOC-2006-0178638, evidencing a grant of Barnes’ interest in the Property to her daughter, Barbara Younker (Younker) (the 2006 Grant Deed). (Smith Decl., 118) On June 24, 2009, Crocker died. (Smith Decl., 111 3) As of the date she died, Crocker had never mmflmmth—K married or had children, but was survived by two sisters, Barnes, and irene E. Libick (Libick). (Smith Dec|., 1114) On October4, 2016, a quit-claim deed was recorded in the official records of the county of Fresno as Document No. DOC-201 6-01 351 66, evidencing a grant of any interest held by Younker to Barnes (the 2016 Quitclaim Deed). (Smith Dec|., 1115) C. Galindo’s 2017 Acquisition of the Propertv On May 18, 201 7, a grant deed was recorded in the official records ofthe county of Fresno as Document No. DOC-2017-0061295—00, evidencing a grant of Barnes’ interest in the Property to Galindo (the 201 7 Grant Deed). (Smith Dec|., 1111216) On the same day, as part of the same transaction, a document entitled Affidavit — Death of Joint Tenant was recorded, in the official records of the county of Fresno as Document No. 201 7-0061 293-00, purporting to showthat due to the death of Crocker on June 24, 2009, Barnes was the sole surviving joint tenant under the prior December 21, 1999 grant (Document DOC-1 999—1 81 599) and that Barnes therefore was the sole owner in fee of the Property prior to the transfer of the Property to Galindo. (Smith Decl., 1117) On the same day, memAwN—KOOWVOO‘IAOON—‘O as part of the same transaction, a deed of trust was recorded in the official records NNNNNNNNNAAAJAAAAAA of the county of Fresno as Document No. 2017-0061296 to secure an original indebtedness of $77,000.00 in favor of Oro Financial of California, Inc., a California corporation, which was assigned to Alena J. Harris, Trustee of the Smith Harris Family Trust, Trust “,“B recorded as Document No. 2017-0061296. (Smith Decl., 1118) D. The Outstandinq Fractional Interest in the Proner‘tv Held bv Irene E. Libick Unfortunately, the Affidavit — Death of Joint Tenant, which purported to show that due to the death of Crocker on June 24, 2009, Barnes was the sole surviving joint tenant under the prior December 21, 1999 grant (Document DOC-1 999-1 81 599) and that Barnes was therefore the sole owner in fee of the Property prior to the transfer of the Property to Galindo, was erroneous. PLAINTIFFS' DEFAULT PROVE-UP BRIEF IN SUPPORT OF ACTION TO QUIET TITLE This was because the 2006 Grant Deed had previously unintentionally severed the joint tenancy between Crocker and Barnes, so from that point forward, the property was no longer held as a joint tenancy. A joint tenancy in real property is unilaterally severed when one joint tenant conveys away his or her interest; thereafter, the remaining joint tenants hold as tenants in common with the severing joint tenant's grantee. Handy v. Shiells (1987) 190 Cal.App.3d 512, OOmflwmth—X 517, Hammond v. McArthur(1947) 30 Cal.2d 512. Once the joint tenancy had been unwittingly severed, upon Crocker’s death on June 24, 2009, Younker owned Barnes’ prior 50% interest in the Property, but Crocker’s 50% interest did not pass only to Barnes as the surviving joint tenant; instead, Crocker’s 50% tenancy in common interest passed to her two surviving sisters, Barnes and Irene Libick (Libick), under the rules of intestate succession. Prob. Code, § 6402 reads in pertinent part as follows: “Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse, under Section 6401, or the entire intestate estate if there is no surviving spouse, passes as follows: ...(c) Ifthe(e is no syrviving issqe or parent, to the issue of the parents or _either of ’33???J?E’é’eg’qfié’i’é'gér’éé’ifigsaéifaéfi§r2’?§msoa£§e%ergée連 fl’fi’é’fiéfi’é‘? Z’eec’Zaé’Let, provided in Section 240...” In other words, after Crocker's death, Barnes and her sister Libick each ended up with 25% interests in the Property, with Younker retaining the 50% interest previously granted to her from Barnes NNNNNNNNNAAAAAAAAAA in 2006. After Younker quitclaimed her interest back to Barnes, Barnes then owned mNOU‘IAQN-AOCOWVOUU‘I-kwNA only a 75% interest. Thus when Galindo acquired Barnes’ interest in the Property in 2017, Libick stillretained an outstanding 25% interest. This was the title defect this action was filed to correct. E. Galindo Learns of the Title Defect in 2018 After acquiring the Property in May, 2017, Galindo received information from the Fresno County Assessor’s office on September 27, 2018, suggesting that an outstanding 50% interest in the Property had been inadvertently created in Crocker’s surviving siblings upon her death on June 24, 2009. (Galindo Decl., 114) /// PLAlNTIFFS' DEFAULT PROVE-UP BRIEF IN SUPPORT OF ACTION TO QUIET TITLE F. Libick Quitclaims her 25% Interest to Galindo Thereafter, Galindo, through her counsel, determined that other than Barnes, Libick was Crocker’s only surviving heir, and that she owned an outstanding 25% interest in the property. (Smith Decl., 1[21) Galindo’s counsel then obtained a quitclaim deed from Libick, which was recorded on September (DmNOU'l-th-A 1 1, 201 9, in the official records of the county of Fresno as Document No. DOC-2019—0103787, evidencing a grant of all of Libick’s interest in the Property to Galindo (the Libick Quitclaim Deed). (Smith Decl., 1122) As a result, Libick’s portion of the outstanding 50% interest in the Property was finally transferred to Galindo, who now owns 100% of the Property. G. Plaintiff bv her Predecessors in Interest Can Also Show Adverse Possession. Alternatively, even though Galindo can prove all outstanding interests in the Property have been deeded to her at this point, the evidence also supports her 100% ownership of the Property by the adverse possession of her predecessor Barbara Younker, who was in possession of the Property and paid all taxes for approximately 10 years. (Smith Decl., 11119-12) Ownership of property through adverse possession is well established where use derives from open, notorious, continuous, and hostile possession of property under a claim of right, and payment of all property taxes for a five year period. Gi/ardi v. Ha/Iam (1 981) 30 Cal.3d 31 7, 321. As long as there is privity between successive claimants, for the five year period, the claimant may tack his possession to that of prior claimants. Sorensen v. Costa (1948) 32 Cal.2d 453, 461. Here, as stated above, NNNNNNNNNAAAAAAAAAA DONOm-thAOCDmNmm-AOONAO in 2006, Barnes granted her interest inthe Property to her daughter, Barbara Younker by the 2006 Grant Deed. Between 2006 and 2016, (at which point Barbara Younker quitclaimed her interest in the Property back to Barnes by the 2016 Quitclaim Deed), During that approximately 10-year period, Barbara Younker and her husband Tim Younker used the Property as a single family home, and paid all property taxes during this 10-year period. (Smith Decl., flfl9-12) Any interest which may have been personally acquired by Tim Younker during that period was subsequently transferred to Barbara prior to her transfer to Galindo pursuant to his execution of the interspousal transfer grant deed. (Smith Decl., 1119) /// PLAINTIFFS' DEFAULT PROVE-UP BRIEF IN SUPPORT OF ACTION TO QUIET TITLE H. Procedural Histom On September 9, 2019, Galindo’s counsel obtained a preliminary report to determine all vested interests of record inthe Property, prior to commencing this action. (Smith Decl., 1124) This action was commenced on October 29, 2019. (Smith Dec|., 1|25) A Notice of Pending Action was recorded (DmVODO'I-bOONA the next day in the Fresno County Recorder's Office. (Smith Dec|., 1126) There are no known named defendants, all unknown defendants have been served by publication and subsequently defaulted prior to the hearing on these proceedings. (Smith Dec|., 1127) As of the present, neither Plaintiff nor her attorney are aware of any party showing an interest in the Property orthese proceedings. (Smith Decl., 1]28;Galindo Dec|., 115) Galindo has intentionally not included as parties to this action the beneficiaries of the deed of trust in favor of Oro Financial of California, |nc., a California corporation, which was assigned to Alena J. Harris, Trustee of the Smith Harris Family Trust, Trust “B” as Galindo has no interest in affecting this security interest, nor is she seeking to eliminate any of the other encumbrances described in the preliminary report of September 9, 201 O, who's interests will be statutorily unaffected by this action. (Galindo Decl., fl6; Smith Dec|., 1129) Code Civ. Proc.. § 764.045. POINTS & AUTHORITIES The elements for a quiet titleaction are (1) description of the property; (2) plaintiffs title or interest and the basis; (3) defendant's asserting adverse claim or antagonistic property interest; mVODUW-th—‘OOWNODU'IAOON—‘O (4) date as NNNNNNNNNAAAAAAAAAA of which the determination issought; and (5) prayer for determination of title.(CCP §761 .020. The court shall examine into and determine the plaintiff‘s title against the claims of all the defendants. The court shall not enter judgment by default but shall in all cases require evidence of plaintiff's titleand hear such evidence as may be offered respecting the claims of any of the defendants, other than claims the validity of which is admitted by the plaintiff in the complaint. The court shall renderjudgment in accordance with the evidence and the law. C.C.P.§ 764.010 Section 764.010 requires the trial court to "examine into and determine the plaintiff's title," to "require evidence of plaintiff's title," and to "hear such evidence as may be offered respecting the claims of any of the defendants." Harbour Vista, LLC v. HSBC Mon‘gage PLAINTIFFS' DEFAULT PROVE-UP BRIEF IN SUPPORT OF ACTION TO QUIET TITLE Services Inc. (2011) 201 Cal. App. 4th 1496, 1506-1507. Ifa court holds a properly noticed evidentiary hearing and no defendant turns up, then the court renders judgment "in accordance with the evidence and the law," based on what ithas before it.Id. at 1508. Here, the Court should grant Plaintiff’s request to enterjudgment in her favor, establishing Plaintiff's (Omflmm-bWN—A right to ownership of the Property in fee simple, and that Defendants, allof whom are unknown and thus unnamed, have no right, title,estate, lien, or interest whatever in the Property adverse to Plaintiff. With respect to the outstanding interest of Libick, such has been quitclaimed to Plaintiff, such that she now holds a 100% fee interest in the Property. Likewise, in the alternative, Plaintiff has also shown that she is entitled to ownership of the property through the adverse, open and notorious use by her predecessor Barbara Younker. Either way, Plaintiff should have clean title to the property and a judgment clarifying that. PRAYER - Plaintiff respectfully requests the Court executet cposed judgment submitted herewith. Date: January 22, 2021 ‘ es for Plaintiff =v Mic ael P. Smith memAWN—XOQQVGU‘I#®N—\O NNNNNNNNNAAAAAAAAA-k PLAINTIFFS' DEFAULT PROVE-UP BRIEF IN SUPPORT OF ACTION TO QUIET TITLE