Legal Opinion

Schmidli v. Pearce

California Court of Appeal

Decided October 13, 2009No. C058270PublishedCited by 1 opinion

1Opinion of the Court

Opinion

NICHOLSON, J.

Plaintiffs brought this quiet title action to extinguish a lien of a deed of trust held by defendants against their property. Plaintiffs claim defendants’ lien expired under a 10-year statute of limitations triggered by defendant’s recording of a notice of default. Defendants claim their notice of default did not trigger the 10-year statute, and their lien remains viable under a 60-year statute of limitations.

Two appellate decisions addressed this issue and reached different results. Slintak v. Buckeye Retirement Co., L.L.C., Ltd. (2006) 139 Cal.App.4th 575 [43 Cal.Rptr.3d…

2Cases cited9 opinions

  1. Lungren v. DeukmejianCalifornia Supreme Court · 1988
  2. California Assn. of Psychology Providers v. RankCalifornia Supreme Court · 1990
  3. Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc.California Court of Appeal · 2005
  4. Estate of GriswoldCalifornia Supreme Court · 2001
  5. Granberry v. Islay InvestmentsCalifornia Supreme Court · 1995

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3Cited by1 opinion

  1. The Bank Of New York Mellon v. Sfr Invs. Pool 1, LlcNevada Supreme Court · 2022

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