McGuire

Background The complaint in this action that IMT sought to strike was preceded by an unlawful detainer action that IMT brought to evict McGuire from what apparently had been a family home in Berkeley. Some four months after the filing of the unlawful detainer action McGuire filed the instant action for quiet title and declaratory relief. The complaint acknowledges the filing of the unlawful detainer action and alleges that title to the property in question is held by IMT, but that: “The basis of [IMT’s] legal interest in

1 the subject property are various living trust and irrevocable trust documents and deeds contained in the chain of title thereto. Based on information and belief, [McGuire] further alleges that he is a vested beneficiary under the operative trust document(s) contained in the chain of title.” The complaint further alleges that IMT has “no title, legal, or equitable interest in the subject property, and further, that any deeds purporting to convey title or interest to [IMT] are void as a matter of law.” The second cause of action seeking declaratory relief alleges further that the settlor of the operative irrevocable trust document, his mother, “lacks the legal…