Charron B O’Neil et al vs Wendell Warren Beck

Case Number

23CV02642

Case Type

Hearing Date / Time

Wed, 12/13/2023 - 10:00

Nature of Proceedings

Default Prove-Up

Tentative Ruling

Ann Bell Wilson; Kelly Stone Attorney for Plaintiff (Zoom)

Rulings

The Court is prepared to go forward with the default prove-up. But the Court notes: There is no “street number” provided for the property at issue. There is no “Order” for POP in the file.

Analysis

This is a complaint to quiet title based on adverse possession: Plaintiffs claim ownership by adverse possession of real property located in Santa Barbara County, California (the “Subject Property”) and more specifically described as: Lots 9 and 25 of Block 20 in the Town of Summerland, County of Santa Barbara, State of California, as per Map recorded in Rack 1, Map 2 in the Office of the County Recorder of said County. APN 005-148-004. Plaintiffs have possession of all real property described in paragraph 6 of this complaint by actual, open, hostile, continuous, and exclusive possession. Plaintiffs’ possession has been actual, open, hostile, continuous, and exclusive for over five years, the required period as set forth in Code Civ. Proc., §§ 318, 319, 321 to 323. In approximately 2017, Plaintiffs attempted to contact Defendant Wendall Warren Beck regarding the deteriorating condition of the Subject Property. In attempting to locate the Defendant, Plaintiffs checked the Santa Barbara County property tax records and discovered that the property taxes on the Subject Property were several years in arrears. Plaintiffs brought the property taxes current, and Plaintiffs have paid all property taxes and assessments that have been levied or assessed against the Subject Property since that date. For at least 20 years, Plaintiffs openly, with hostile intent, and under claim of right, maintained and developed the Subject Property to mitigate the negative impact of its degraded condition, including weed abatement, and extending the vegetation and hard scape landscaping from Plaintiffs’ neighboring property to incorporate the Subject Property. Defendants claim an estate or interest in the real property described that is adverse to Plaintiffs. Plaintiffs seek judgment against Defendants as follows:

1. For judgment that Plaintiffs are the fee simple owners of all right, title, and interest in and to the described real property;

2. For judgment that Defendants do not have any right, title, estate, or interest in or lien on the described real property;

3. For such other relief as the Court may deem proper.

There is a “Judgment Packet” submitted that the Court intends to sign.

The Court’s Conclusion

The Court notes that on 7/11/23 Plaintiffs requested that the Court issue its order for service on Defendant Wendell Warren Beck and his testate or intestate successors, if any, by publication in the Los Angeles Daily Journal and the Santa Barbara Independent and that subsequently a POP was filed from both newspapers. But the Court “does not find an order” was ever submitted or signed or filed authorizing POP.

The Court does see the CMCS of 10/12/23 filed by counsel for Plaintiff that says:

“Plaintiff has obtained an Order for Service by Publication of Summons. The service by publication was completed in the LA Daily Journal on August 3, 2023, and the Santa Barbara Independent on September 1, 2023. Plaintiffs have not received a response from Defendants. Plaintiff anticipates filing a Request for Entry of Default.”

The Court suggests an appropriate Order be submitted.

The Court notes: There is no street number provided for the property at issue.

The Court notes:

Mr. Beck was given notice at

Wendell Warren Beck 

780 N. Allen Ave.

Pasadena, CA 91104