WbYALE AVENUE

5291
FRESN CA 937
H LE '~

MAR 03
,

2838

F RESNOCOUNTYSUPEMORCOURT
BY._____________________w
DEPUTY

SUPERIOR COURT OF CALIFORNIA

IN AND FOR THE COUNTY OF FRESNO
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FRANK D’AMBROSIO, CaseNo.: CE CG 00 7 8-1
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Plaintiff,
COMPLAINT TO QUIET TITLE
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VS.
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ESTELLA M. CORTEZ an INDIVIDUAL,
15 DAVID R. CORTEZ an INDIVIDUAL,
DAVID RICHARD CORTEZ & ESTELLA
p

M. CORTEZ as Trustees and all persons

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unknown, claiming any legal or equitable

#VVVVVVVVVVVVVVVVVVVVV

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right, title, estate, lienor interest in the
18 property described in the complaint adverse
to Plaintiff’s title or any cloud on Plaintiff’s
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title thereto, and DOES 1 through 10,
20 inclusive,

21 Defendants
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23 Plaintiff alleges:

24 1. Plaintiff was a resident of California, and has resided and paid for the

25 taxes and upkeep on the subject property for over ten (10)
all years.

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2. At all times mentioned, Defendant, ESTELLA M. CORTEZ an
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INDIVIDUAL, DAVID R. CORTEZ an INDIVIDUAL, DAVID RICHARD CORTEZ &
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ESTELLA M. CORTEZ as Trustees and all persons unknown, claiming any legal or equitable

COMPLAINT TO QUIET TITLE -

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 right, title, estate, lien or interest in the property described in the complaint adverse to Plaintiffs

title or any cloud on Plaintiffs title thereto has claimed an interest in the subject tangible

property.

3. These Defendants, and each of them, claim some right, title, estate, lien, or

interest in the hereinafter-described property adverse to Plaintiffs title; and their claims, and

each of them, constitute a cloud on Plaintiffs title to that property.

4. The Defendants herein named as “all persons unknown, claiming any legal

or equitable right, title, estate, lien, or interest in the property described in the Complaint adverse

to Plaintiffs title, or any cloud on Plaintiffs title thereto” (hereinafter sometimes referred to as

10 “the unknown Defendants”) are unknown to Plaintiff. These unknown Defendants, and each of
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them, claim some right, title, estate, lien, or interest in the hereinafter-described property adverse
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to Plaintiffs title, and their claims, and each of them, constitute a cloud on Plaintiffs title to that

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property.

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5. Plaintiff is ignorant of the true names and capacities of Defendants sued
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herein as DOES 1 through 10, and therefore sues these Defendants by such fictitious names.
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Plaintiff will amend this complaint to allege their true names and capacities when ascertained.

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Plaintiff is informed and believes and thereon alleges that each of these fictitiously named
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Defendants claim some right, title, estate, lien, or interest in the hereinafter-described property
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adverse to Plaintiffs title, and their claims, and each of them, constitute a cloud on Plaintiffs
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title to that property.

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6. Plaintiff is the sole owner of certain real property, namely:
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5291 W. YALE AVENUE, FRESNO, CALIFORNIA 93722, Fresno County, and more
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particularly described as, PARCEL 3 OFPARCEL MAP ACCORDING TO THE MAP
5253,
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TTHEREOF RECORDED IN BOOK 34 PAGE 37 OF PARCEL MAPS, FRESNO COUNTY
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RECORDS. APN: 312-270-36
26 7. The basis for Plaintiffs title is Plaintiffs actual, open, exclusive, hostile,

27 and adverse possession of the above-described property for more than five years preceding the
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COMPLAINT TO QUIET TITLE - 2

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 commencement of the action, and Plaintiff’s payment of all taxes assessed against the above-

described property for the five years immediately preceding the commencement of the action.
8. Plaintiff is seeking a quite title action against Defendants, and each of

them, granting the above-described tangible property to FRANK D’AMBROSIO as against the

claims of the Defendants, successor Defendants, the claims of all unknown Defendants, whether
or not the claim or cloud is known to Plaintiff, and the unknown, uncertain, or contingent claims,

if any. Defendants and each of them have no right, title, estate, lien, or interest whatever in the

above-described property or any part thereof.

9. Plaintiff seeks to quite title as of the filing of this within Complaint.

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ll WHEREFORE, Plaintiff prays as follows:

12 1. For a judgment that Plaintiff is the sole and exclusive owner of the above-
13 described tangible property and that Defendant(s), and each of them, have no interest in said

14 property adverse to Plaintiff;

15 2. For costs of suit herein incurred; and
16 3. For such other and further relief as the court may deem proper.
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RANK D’AMBROSIO
3, “7/
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COMPLAINT TO QUIET TITLE - 3

 VERIFICATION

1. I, FRANK D’AMBROSIO, am the Plaintiff in this action. I have read the

foregoing complaint and know the contents thereof. The same is true of my own knowledge,

except as to those matters-which are therein stated on information and belief, and as to those

W
matters, I believe it to be true.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct. '

I
Dated this 2 day of March, 2016
'

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FRANK D’AM‘EKOSIO
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COMPLAINT TO QUIET TITLE - 4

 FRANK D’AMBRSIO
5291 W. YALE AVENUE
FRESNO, CA 937

SUPERIOR COURT OF CALIFORNIA

IN AND FOR THE COUNTY OF FRESNO

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FRANK D’AMBROSIO, Case N0.:

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Plaintiff,
PENDENCY OF ACTION
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PARCEL 3 OFPARCEL MAP 5253,
14 vs.
ACCORDING TO THE MAP TTHEREOF
ESTELLA M. CORTEZ an INDIVIDUAL, RECORDED IN BOOK 34 PAGE 37 OF
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DAVID R. CORTEZ an INDIVIDUAL, PARCEL MAPS, FRESNO COUNTY
RECORDS. APN: 312-270-36
16 DAVID RICHARD CORTEZ & ESTELLA
M. CORTEZ as Trustees and all persons
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unknown, claiming any legal or equitable
JVVVVVVVVVVVVVVVVVVVVV

18 right, title, estate, lienor interest in the

property described in the complaint adverse
19 to Plaintiff’s title or any cloud on Plaintiff’s

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title thereto, and DOES 1 through 10,
inclusive,
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Defendants
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NOTICE IS GIVEN that the above action was commenced on or before May 21, 2014, in
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FRANK D’AMBROSIO, Plaintiff, against ESTELLA M. CORTEZ an
the above court by
INDIVIDUAL, DAVID R. CORTEZ an INDIVIDUAL, DAVID RICHARD CORTEZ &
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ESTELLA M. CORT EZ as Trustees and all persons unknown, claiming any legal or
equitable right, title, estate, lien or interest in the property described in the complaint
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COMPLAINT FOR QUIET TITLE - 1

 adverse to Plaintiff’s title or any cloud on Plaintiff’s title thereto, and DOES 1 through 10,

inclusive, Defendants; this action is now pending in the above court.

The above action alleges a real property claim affecting certain real property that

is situated in Fresno County, California, and that is described as follows:

The real property is commonly known as 5291 W. YALE AVENUE, FRESNO, CALIFORNIA
93722, Fresno County, and more particularly described as, PARCEL 3 OFPARCEL MAP 5253,
ACCORDING TO THE MAP TTHEREOF RECORDED IN BOOK 34 PAGE 37 OF PARCEL
MAPS, FRESNO COUNTY RECORDS. APN: 312-270-36
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Dated March 2016

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7,

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FRANK D’AMBROSIO
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COMPLAINT FOR QUIET TITLE - 2