Lowe
California Maryland Funding, Inc. v. Lowe
Opinion
Opinion
Aldrich, J.
Introduction
In the underlying action for ejectment, filed by plaintiff First Boston Credit Corporation, now named California Maryland Funding, Inc., defendant Wyonna Dell Lowe cross-complained to quiet title to the same property, claiming acquisition by adverse possession. Defendant has appealed from the judgment entered in favor of plaintiff, contending it is not supported by substantial evidence. Based on settled California Supreme Court case law, we hold defendant’s earlier lawsuit over the right to the property, which was filed during the statutory period for adverse possession, but later dismissed for failure to prosecute, did not operate to toll the statute of limitations. Therefore defendant’s occupancy of the property was continuous for the statutory period. Defendant otherwise carried her burden of proving she satisfied all the elements of adverse possession. By contrast, plaintiff adduced no admissible evidence defendant’s occupancy was permissive. Accordingly, the judgment for plaintiff is reversed with directions to enter a new and different judgment in favor of defendant, Wyonna Dell Lowe.