Slintak

Slintak v. Buckeye Retirement Co., LLC

Good Law

139 Cal. App. 4th 575·2006 Cal. App. LEXIS 723·2006 Daily Journal DAR 5863·43 Cal. Rptr. 3d 131·2006 Cal. Daily Op. Serv. 4002

Court of Appeal of CaliforniaMay 16, 2006B182875California4,895 words

Opinion

Zelon, J.

Appellant Buckeye Retirement Co., L.L.C., Ltd. (Buckeye), appeals from summary judgment entered on the cross-complaint of Anna Slintak and Bohumir Marik (collectively Marik) for quiet title and cancellation of a deed of trust held on property owned by Marik. The trial court held that Buckeye’s right to foreclose on a deed of trust encumbering Marik’s property had expired under the statute of limitations of the Marketable Record Title Act (MRTA) (Civ. Code, § 880.020 et seq.), and that no exceptions or equitable tolling applied to the statute of limitations of the MRTA. We reverse on the ground the statute of limitations has not run due to the filing of lis pendens in separate, but related, litigation.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

1. Background Facts.

On October 23, 1989, Redondo Blacksmith, Inc. (RBI), as part of a plan to develop property in Fontana, California, gave Metro Bank (Metro) a trust deed (Metro Trust Deed) on real property located at 350 North Pacific Coast Highway in Redondo Beach, California (Redondo property). The Metro Trust Deed was intended to partially collateralize a loan (Juniper Note) Metro was making to Juniper Park Villa Investment,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.