Stafford

Stafford v. Ballinger

Good Law
18 Cal. Rptr. 568·1962 Cal. App. LEXIS 2921·199 Cal. App. 2d 289
Court of Appeal of CaliforniaJanuary 19, 1962Civ. 25565California2,564 words

Opinion

Opinion

Fox, J.

Appellant seeks to acquire title to certain real property either through a judgment quieting title or by a decree of specific performance; he also asks damages as an alternative to these remedies.

Respondents’ demurrers to appellant’s third amended complaint were sustained without leave to amend. Appellant, however, served and filed a fourth amended complaint. Respondents moved to strike this last pleading and to dismiss the action as to them. These motions were granted and judgments of dismissal as to respondents were entered. Appellant has appealed from these judgments.

In form, appellant has alleged two causes of action. The first is a conventional pleading to quiet title; the second sets forth in detail the facts and circumstances upon which appellant’s claim of title is based.

In an action to quiet title, the complaint should allege, inter alia, the interest of the plaintiff in the property at the time the action is commenced. (Peck v. Martinez, 46 Cal.App.2d 855, 856 [ 117 P.2d 7 ].) If plaintiff owns the property in fee, a general allegation of ownership of the described property is sufficient. (Meyer v. O'Rourke, 150 Cal. 177, 178 [ 88 P. 706 ].) However, a general…

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