Ankoanda

Ankoanda v. Walker-Smith

Good Law
1996 Cal. App. LEXIS 331·44 Cal. App. 4th 610·52 Cal. Rptr. 2d 39·96 Daily Journal DAR 4365·96 Cal. Daily Op. Serv. 2657
Court of Appeal of CaliforniaApril 15, 1996A067744California3,236 words

Opinion

Opinion

Haerle, J.

I. Introduction

This appeal arises from a dispute between second cousins, Paula Dee Walker-Smith (Walker-Smith) and Nobantu Ankoanda (Ankoanda), regarding the ownership of a parcel of real property located at 215 St. Charles Street in San Francisco (the property). Finding mutual mistake in the sequential deeds granting Walker-Smith an interest in the property, the trial court quieted title in Ankoanda and awarded Walker-Smith compensation for improvements and labor in the amount of $25,000 under Civil Code section 1692.

Walker-Smith appeals, alleging numerous errors below. We need not address each of these claims, however, because we conclude that Walker-Smith correctly urges that Ankoanda’s complaint was barred by the three-year statute of limitations found in Code of Civil Procedure section 338, subdivision (d). Accordingly, we reverse.

II. Factual and Procedural Background

Since we resolve this appeal on statute of limitations grounds, our recitation of the facts is accordingly limited. The bulk of the testimony addressing the issue of the alleged fraud or mistake that induced Ankoanda to execute the deed is therefore omitted from this summary.

In 1974, Ankoanda…

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