Javier v. Taylor
In 2010, appellant Haydee C. Javier filed an quiet title action alleging that she had an ownership interest in residential real property that respondents Dennis Milton Taylor and Laura Jeanne Taylor (hereafter, the Taylors) purchased in 1986. The Taylors demurred on the grounds that Haydee’s[1] claims were barred by the applicable statutes of limitation and the doctrine of res judicata, since her claim to an ownership interest in the property now owned by the Taylors was previously rejected by the trial court in prior actions in 1985 and 1990. On February 29, 2012, the trial court sustained the Taylors’ demurrer without leave to amend, finding that the action was time-barred under Code of Civil Procedure section 338, subdivision (d),[2] the three-year statute of limitations applicable to a quiet title action based on fraud.
On appeal from the judgment of dismissal, we understand Haydee, a self-represented litigant, to challenge the trial court’s order sustaining the demurrer without leave to amend and to request that she be granted leave to amend the complaint. For reasons that we will explain, we conclude that the trial court did not err in determining that Haydee’s action is time-barred and denying leave to amend the complaint. We will therefore affirm the judgment.
Comments on Javier v. Taylor