Judge: Armen Tamzarian, Case: 22STCV29670, Date: 2023-05-22 Tentative Ruling

Case Number: 22STCV29670    Hearing Date: August 24, 2023    Dept: 52

Tentative Ruling:

            Order to Show Cause Re: Entry of Default Judgment

Plaintiffs Charles R. Faudree and Diana L. Elizondo request court judgment for quiet title against defendants the testate and intestate successors of Emmat Wannell Knapp, deceased, and all persons claiming by, through, or under such decedent, and all persons unknown claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to plaintiffs’ title.  The subject property is known as assessor’s parcel number 5302-024-013, more particularly described as the Northwest 75 feet of Lot 13, Block 18, Pasadena Villa Tract, City of Los Angeles, as per Map recorded in Book 3, Pages 5 to 8 of Maps in the Office of the County Recorder.

In a quiet title action, “[t]he court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title and 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 render judgment in accordance with the evidence and the law.”  (CCP § 764.010.)    

After hearing and examining all evidence of plaintiffs’ title and of adverse claims by the defendants, the court finds plaintiffs have shown they each own a 50% undivided interest in the subject property.  Plaintiffs have presented evidence of all facts required to show they own the property via adverse possession under Code of Civil Procedure section 325.

The court hereby grants plaintiffs’ request for court judgment.  The court will sign plaintiffs’ proposed judgment.