Hacienda Ranch Homes, Inc. v. Superior Court

Real parties in interest Roger and Annette Elissagaray initiated a lawsuit seeking to quiet title to a five-acre parcel of undeveloped real property in Tracy, California. The trial court subsequently denied a motion for summary judgment filed by defendant Hacienda Ranch Homes, Inc. (Hacienda), concluding there are triable issues of material fact as to whether the Elissagarays established adverse possession of the property under a claim of right.

Hacienda now seeks a writ of mandate, arguing that the Elissagarays cannot establish ouster as a matter of law. This court stayed proceedings in the trial court and issued an alternative writ.

We conclude there is no evidence that the Elissagarays ousted the other cotenants to establish adverse possession under a claim of right, and hence no triable issue of material fact.

*1125 We will issue a peremptory writ.

BACKGROUND

Hacienda acquired an undivided 50 percent interest in the property in 1985. Defendants Stanley and Geurtje Boersma owned the other undivided 50 percent interest. Several years later, Hacienda transferred 49 percent of its undivided 50 percent interest (or 24.5 percent) to Helen Tyler, leaving Hacienda with…