Dudley

FACTS

Because this is an appeal following a successful demurrer, we accept as true all facts properly pleaded in plaintiff‟s complaint. We also incorporate any facts of which we may take judicial notice. (Gu v. BMW of North America, LLC (2005) 132 Cal.App.4th 195, 200.) In 1959, plaintiff‟s parents, Robert and Genevieve Dudley, purchased real property in Truckee, Nevada County, near Donner Lake. The property has a cabin on it. Genevieve later that year petitioned for divorce. On October 9, 1959, the trial court entered an interlocutory order dividing the couple‟s property. Among other matters, the court awarded to Genevieve the “cabin at Donner Lake.” However, by a deed dated and recorded in 1960, Genevieve quitclaimed her interest in the property to Robert. Later that same year, the trial court entered the final judgment of divorce, and it incorporated the interlocutory order into its judgment. It made no modification for Genevieve‟s transfer of the property to Robert. A copy of the judgment was recorded in Nevada County in 1964. Plaintiff alleges that despite the quitclaim deed to Robert, Genevieve and Robert acted as if Genevieve still owned the property. Genevieve continued…