California Court of Appeal

In a trustee's suit seeking to quiet title to certain real property, trial court's finding that the trustee's attempt to dismiss the action was void ab initio, because it was made after trial court had commenced and after it had entered judgment quieting title in trustee and directing him to pay defendant the full market value of the property as compensation for defendant's equitable interest, is affirmed where: 1) the trial court properly set aside trustee's purported dismissal of the action; 2) the court properly ordered the trustee to compensate defendant for her equitable interest in the property when it quieted his title to the garage area; and 3) substantial evidence supports the property's valuation as a conforming legal lot.

Appellate Information

• Decided 09/02/2010
• Published 09/02/2010

Judges

• Siggins

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Kevin D. Lally, John T. Schreiber