Judge: Cherol J. Nellon, Case: 23STCV29033, Date: 2024-04-04 Tentative Ruling

Case Number: 23STCV29033    Hearing Date: April 4, 2024    Dept: 14

Denman v. 4800 Avalon Corporation

Case Background

Plaintiff claims title to 4800 Avalon Blvd., #505, Los Angeles, CA 90011.

On November 29, 2023, Plaintiff filed his verified Complaint for Quiet Title against Defendant 4800 Avalon Corporation (“Avalon”).

            No trial date has yet been set.

Instant Pleading

            Defendant Avalon now demurs to the Complaint on the grounds that it fails to state a proper cause of action.

Decision

            The demurrer is SUSTAINED, with 20 days leave to amend.

Discussion

            Code of Civil Procedure § 761.020 governs the contents of a complaint for quiet title. It requires:

“(a) A description of the property that is the subject of the action…In the case of real property, the description shall include both its legal description and its street address or common designation, if any.

(b) The title of the plaintiff as to which a determination under this chapter is sought and the basis of the title. If the title is based upon adverse possession, the complaint shall allege the specific facts constituting the adverse possession.

(c) The adverse claims to the title of the plaintiff against which a determination is sought.

(d) The date as of which the determination is sought. If the determination is sought as of a date other than the date the complaint is filed, the complaint shall include a statement of the reasons why a determination as of that date is sought.

(e) A prayer for the determination of the title of the plaintiff against the adverse claims.”

Plaintiff’s complaint fails to meet the requirements of Subdivision 761.020(b). He alleges adverse possession as the basis of his claim to title (Complaint ¶ 2), but he does not allege the specific facts that make him a proper adverse possessor.