Can Valley View bring a motion for summary adjudication of its quiet title claim and its request for declaratory and injunctive relief?

California, United States of America


The following excerpt is from Valley View Park Mut. Water Co. v. Powers, D073013 (Cal. App. 2018):

To prevail on its quiet title claim Valley View needed to establish title to the property in dispute. ( 761.020; Hoeller v. Lloyd (1959) 173 Cal.App.2d 777, 778.) Valley View satisfied its initial burden by establishing title to the real property. Valley View also presented evidence showing its ownership of the Lot 74 easement. Based on this showing, Valley View was entitled to summary adjudication of its quiet title claim and its request for declaratory and injunctive relief unless defendants met their burden of creating a triable issue of material fact precluding summary adjudication of these claims. Accordingly, the burden shifted to defendants to show the existence of a triable issue of material fact or a defense to Valley View's claims. ( 437c, subd. (p)(1).)

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