Cox v. Blumberg CA1/3
Plaintiff Alvin Cox, as trustee of the Westlake Trust, in an unopposed appeal challenges the denial of his application to quiet title to a parcel of improved real property in Oakland. Plaintiff purchased the property from the person who several years before had acquired it from a decedent whose estate had not been probated. Although no objection was raised by any party with a conceivable interest in the property, the trial court refused to quiet title apparently on the grounds that title should have been transferred in probate proceedings and that the county would be unable to enforce an anticipated supplemental assessment against the property if title were quieted in plaintiff. We conclude that the trial court erred in dismissing plaintiff’s action, and that plaintiff is entitled to relief confirming the trust’s title to the property subject to payment of the supplemental assessment.
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