California Court of Appeal

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MARCHBROOK BLDG. CO. v. SOUCHEK, C041912

In a second action arising over a land deal, the compulsory cross-complaint rule does not apply because Code of Civil Procedure section 426.60(c) exempts from the rule any action that seeks only declaratory relief. Thus, because the first action sought to quiet title to defendant's property, an action to quiet title is the equivalent of an action for declaratory relief for the purposes of section 426.60(c).

Appellate Information

  • Decided 09/29/2003
  • Published 09/29/2003

Judges

  • ROBIE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Rehon & Roberts, Peter M. Rehon and Tyler J. Olson, San Jose, for Plaintiff and Appellant.

  • For Appellees:
  • Parish & Small and William H. Parish, Stockton, for Defendant and Respondent.
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