Taxe

Taxe v. Fernandez CA2/2

Good Law
Court of Appeal of CaliforniaAugust 31, 2016B262519California1,938 words

Opinion

Opinion

BACKGROUND

The complaint On May 27, 2014, appellant, his wife Nadina Taxe, and Kellspin, Inc., a Nevada corporation, filed this action against Ralph Fernandez (Fernandez). The complaint was captioned “Complaint for Cancellation of Void Judgment” The judgment which appellant sought to avoid through this action is a quiet title judgment entered on May 5, 1994, in favor of Fernandez. Fernandez had initiated the quiet title action on January 2, 1992, after obtaining title to property located on Rochester Street, Los Angeles, California following an execution sale. The Rochester property had been owned by David Taxe and Rose Taxe, appellant’s parents. The 1994 judgment specifically found that various liens the Taxes or their entities claimed against the property were fraudulent. The fraudulent liens were extinguished and expunged from the record. Among the liens extinguished was a judgment lien that had been issued in 1984 (the Omni Group lien) which attached to the Rochester property and all of David and Rose Taxe’s property in Los Angeles, including a second property located on Vestone Way. The 1994 judgment was affirmed on appeal, and the fraudulent nature of the encumbrances was…

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