Gaitan v. Powell
In a prior action to quiet title to residential real property and for breach of contract, appellant Gloria Powell obtained a default judgment against Augusta Carter. The default judgment decreed that The Ozzie A. Carter Family Living Trust (hereinafter, The Carter Trust) was the owner of the real property in question. Powell then had respondent Mercedes Gaitan and her family evicted from the property. Thereafter, Gaitan filed the present action and after a court trial obtained a judgment quieting title, granting injunctive relief, and awarding damages against Powell. The trial court found that the prior default judgment had been obtained by Powells outrageous conduct in making material misrepresentations and false statements . . . upon which the court relied regarding the legally required notice to Gaitan, and that Gaitan and her family had been wrongly evicted. The court deemed the prior default judgment null and void ab initio. Powell appeals and contends that Gaitans judgment against her is barred by the res judicata effect of the prior default judgment, and that Gaitans complaint for quiet title was not a proper remedy. Court find the contentions without merit and affirm.
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