Patterson

Appellant Twain Harte Homeowners Association (Association) appeals from an order of dismissal entered after respondents’ demurrer to the Association’s complaint was sustained as to both counts.

The complaint alleges that the Association, the only named plaintiff, is a California corporation organized to represent the interests of its members, all of whom hold title to property within the Twain Harte tract.

In 1948, a recreational easement was recorded on land presently owned by respondents. The easement was granted by respondents’ predecessors in interest “to present and future record title owners of real property situated within the territorial limits of Twain Harte Tract in Tuolumne County.”

The Association alleges that, in a prior action, respondents obtained an “Order Quieting Title to Real Property” without properly giving the notice required by statute, and that respondents “have no right, title, estate, lien, or interest whatsoever in the above-described property superior to that of [the Association’s] members in a recreational easement.”

The complaint asserts two causes of action: one to quiet title, and one for declaratory relief regarding the respective…