Motion: Default Prove Up
Tentative Ruling:
To Grant, provided witnesses are present at the hearing and that they testify and authenticate documents. Plaintiff must also present adequate evidence to establish quiet title either by acquisition or adverse possession.
Explanation:
Quiet Title- Default Prove – Up:
Code of Civil Procedure section 764.010 requires an evidentiary hearing in a quiet title action after default. In quiet title actions, judgment may not be entered by the normal default prove-up methods; the court must require evidence of the plaintiff's title. All proof that plaintiff would have had to present at trial must be presented at that hearing; a declaration or other summary procedure will not be permitted. Live witnesses must testify, and complete authentication of the underlying real property records is essential. (Yeung v. Soos (2004) 119 Cal.App.4th 576, 581.) The standard of proof is clear and convincing. (Cal. Evid. Code § 662.)
Here, Plaintiff is requesting quiet t