Judge: Matthew C. Braner, Case: 37-2022-00029042-CL-OR-CTL, Date: 2024-02-16 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 15, 2024

02/16/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Limited  Other Real Property Motion Hearing (Civil) 37-2022-00029042-CL-OR-CTL MATALON VS MATALON [IMAGED] CAUSAL DOCUMENT/DATE FILED:

The court will hear from Plaintiff's counsel regarding the filing of new request for entry of default, as the most recently submitted form is outdated. (ROA #50.) As to Plaintiff's request for quiet title relief, the court is persuaded that Plaintiff's evidence is sufficient to establish his right to the relief. Defendant Maria Matalon attests that the names 'Daniel Matalon,' 'Lydia Matalon,' and 'Sandra Matalon' on the title for the real property located at 13825 Avenida De La Luna in Jamul, CA 91935 (APN 596-061-49-00) are fictious and should be removed from the title on that basis.

(ROA #43, Maria Matalon Dec., ¶ 4.) Defendant admits she placed the names on the title without Plaintiff's knowledge at the direction of a company called 'Noah' to avoid foreclosure of the family home.

(Id., ¶¶ 4-5.) Defendant also provided evidence that she has already transferred her own interest in the property to Plaintiff. Thus, title to the property should reflect what is already practically the case, which is sole ownership by Plaintiff.

Once the technical issue with Plaintiff's request for entry of default is resolved, the court will sign Plaintiff's proposed order and judgment.

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