Case Number: BC655092 Hearing Date: February 05, 2018 Dept: 46

Case Number: BC655092
LUZ M RODRIGUEZ VS MARTIN LIMON GARCIA ET AL

Filing Date: 03/24/2017
Case Type: Quiet Title

2/05/2018
OSC Re: Filing Request for Entry of Default
Conference-Case Management
Ansoy Medrano’s Demurrer to Complaint

TENTATIVE RULING

Ansony Medrano’s Request for Judicial notice is DENIED and his Demurrer is OVERRULED. See discussion.

Plaintiff has not yet obtained a default as to Carmen Salcedo, but it appears it is in process.

The court sets the matter for jury trial as Medrano posted jury fees.

DISCUSSION

CCP § 761.020 states as follows:

“The complaint shall be verified and shall include all of the following:

A description of the property that is the subject of the action.

In the case of tangible personal property, the description shall include its usual location. In the case of real property, the description shall include both its legal description and its street address or common designation, if any. The title of the plaintiff as to which a determination under this chapter is sought and the basis of the title. If the title is based upon adverse possession, the complaint shall allege the specific facts constituting the adverse possession.

The adverse claims to the title of the plaintiff against which a determination is sought.

The date as of which the determination is sought. If the determination is sought as of a date other than the date the complaint is filed, the complaint shall include a statement of the reasons why a determination as of that date is sought.

A prayer for the determination of the title of the plaintiff against the adverse claims.”

Ansony’s Request for Judicial Notice cannot be granted because the provenance of that grant deed is placed in dispute by Plaintiff’s complaint. The complaint expressly alleges that the deed produced by Ansony is a forgery. (Complaint ¶ 13). Judicially noticing the deed would be deciding an evidentiary issue, which the court may not do on demurrer. Since Ansony’s entire argument is based on the authenticity of that document and the authenticity of that document is the central fact in question in this case the demurrer must be, and is, OVERRULED.