Carr

Carr v. Rosien

Bad Law
190 Cal. Rptr. 3d 245·2015 Cal. App. LEXIS 613·238 Cal. App. 4th 845
Court of Appeal of CaliforniaJuly 14, 2015E060166California4,196 words

Opinion

Opinion

Ramirez, J.

J.A. Carr filed a prior quiet title action against Earnest Ortiz and Anna Colón. In connection with that action, he recorded a lis pendens. However, he did not mail the lis pendens to either Ortiz or Colón; instead, he filed a declaration that their addresses were unknown. He also did not examine the county assessor’s roll, which would have shown that Ortiz and Colón had a mailing address in Oceanside.

While the prior action was pending, a deed was recorded transferring Colon’s half of the property to Michael Lopez; also, a deed of trust was recorded encumbering what was now Lopez’s half of the property to secure a loan from Rondo Resources, Inc. (Rondo). Thereafter, Carr won a judgment in the prior action, quieting title in him as against Ortiz and Colón.

Carr then brought this new quiet title action against Lopez and Rondo (plus the principal in Rondo). Ortiz and Colón are not parties; under the judgment in the prior action, they no longer have any interest in the property. Moreover, there is no dispute over Ortiz’s former half of the property; under the judgment in the prior action, Carr owns that half. Rather, the present dispute is over Colon’s former half of the…

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