Jenkins v. Malmin
Filed 4/13/06 Jenkins v. Malmin CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Calaveras)
WENDY JENKINS, Plaintiff and Appellant, v. TOR MALMIN et al., Defendants and Respondents. | C047051
(Super. Ct. No. CV28226)
|
This case involves the peculiar property relations in Angels Camp, an old mining town located in Calaveras County.
Plaintiffs Richard Wilmshurst and Wendy Jenkins appeal[1] from a judgment after a court trial in favor of defendants Tor Malmin, Hazel Malmin, the City of Angels (Angels Camp or the city) and the Pacific Gas and Electric Company (PG&E) in an action for quiet title and declaratory and other relief based on a claim of right to a driveway from Summit Road, across property allegedly owned by the Malmins, and connecting to property owned by Wilmshurst and occupied by Jenkins.
The claim is predicated in part upon a 1938 quitclaim deed that conveyed property to the city â€