California Court of Appeal, Water for Citizens of Weed Cal. v. Churchwell White LLP, Docket No. C093421

 

Remedies:

 

-       Remedy of Cancellation

 

-       Action to Quiet Title

 

 

Property Interest

 

California Law

 

 

 

 

A void or voidable instrument that might cause harm to a party if left outstanding or in the chain of title can be removed by the remedy of cancellation, often referred to as removing a cloud on title. (Civ. Code, §§3412-3414; see Pixley v. Huggins, supra, 15 Cal. at p. 132.) An action to quiet title, however, may address adverse claims in addition to those traditionally referred to as clouds on title. As stated earlier, a quiet title action, unlike in a cancellation action, “is for the purpose of stopping the mouth of a person who has asserted or is asserting a claim to the plaintiff’s property.... It is not aimed at a particular piece of evidence, but at the pretensions of an individual.” (Castro, supra, 79 Cal. at p. 446.)

 

(Pixley v. Huggins (1860) 15 Cal.127, 134.)

 

(Castro v. Barry (1889) 79 Cal. 443, 446.)

 

 

 

 

(California Court of Appeal, Feb. 9, 2023, Water for Citizens of Weed Cal. v. Churchwell White LLP, Docket No. C093421, Certified for Publication)