Robertson v. Superior Court

*1321Opinion

HAERLE, J.

I. Introduction

Petitioner Arlene Robertson (Robertson) seeks a writ of mandate to overturn an order of the trial court overruling her demurrer to real party’s second amended complaint. That complaint implicated title to real property, including Robertson’s home, in Marin County, and her demurrer was based on statute of limitations grounds. In overruling it, the trial court held that an action under Civil Code section 3412 to cancel “a wholly void instrument can be brought at any time,” i.e., is not subject to any statute of limitations. We issued an order to show cause and,…