Campbell

Campbell v. Lauigan

Good Law
1988 Cal. App. LEXIS 600·202 Cal. App. 3d 651·248 Cal. Rptr. 747
Court of Appeal of CaliforniaJune 30, 1988A037268California3,089 words

Opinion

Opinion

Barry-Deal, J.

By his complaint, appellant Charles Campbell sought to quiet title to certain real property which he had acquired by quitclaim deed from a trustee in a federal bankruptcy proceeding. Respondents Acting Tax Collector of Alameda County, State of California (State), and City of Pleasanton, a municipal corporation, the named defendants, demurred to the complaint on the ground that it failed to state facts sufficient to constitute any cause of action. The trial court sustained the demurrers. Appellant did not ask for, and the trial court did not grant, leave to amend. Judgment thereafter was entered dismissing the complaint with prejudice.

We affirm the judgment. When real property is sold by operation of law to the State for nonpayment of property taxes prior to the filing of a bankruptcy petition, and, after the filing, neither the debtor nor the bankruptcy trustee takes any action to redeem the property, set aside the conveyance to the State, or interfere in any way with the tax sale proceeding, a third party grantee of the property has no standing to object to the tax sale as a violation of the automatic stay.

I. Facts

The following are the facts either alleged in the…

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