Certified Forensic Loan Auditors, LLC

 
  Upcoming Classes

Search CFLA's Article Archive:

Right to Jury Trial in Quiet Title Cases

schorr-law.com | July 21, 2014

There are few things in the law that people perceive as inviolate as the right to a jury trial.  However, the right to a jury trial is only a matter of right in a civil action at law, but not in equity.  (C & K Engineering Contractors v. Amber Steel Co., Inc. (1978) 23 Cal.3d 1, 8.)  This is based on whether the gist of the action is legal or equitable.  In other words, whether a jury trial must be granted is based on a detailed analysis of the nature of the rights involved in the particular case.  Although pleadings may provide some indication whether the action is of a legal or equitable nature, they are not conclusive.  (C & K Engineering Contractors v. Amber Steel Co., Inc., supra, 23 Cal.3d at 9.)

Although quiet title generally seeks declaratory relief, due to the broad relief available under the quiet title statute, quiet title claims can be both equitable and legal in nature.  Therefore, whether a party is entitled to a jury trial depends on a detailed analysis of the nature of the quiet title cause of action.

In a simple action to quiet title when the possession of the property is not at issue, it is an equitable action.  (Thomson v. Thomson (1936) 7 Cal.2d 671, 678.)  For example, this situation usually occurs where the plaintiff is in possession of the property, but wants to remove cloud from his title based on adverse claims for money recorded against his property.

However, where a suit should have been, and in substance is, an action for the recovery of possession of land, the action is legal in nature and can be tried before a jury.  (Thomson v. Thomson, supra 7 Cal.2d at 678.)  For example, this situation occurs where the plaintiff is out of possession of the property and seeks to recover from a defendant who is encroaching on plaintiff’s property or seeking to adversely possess plaintiffs’ property.

In situations where plaintiff is in possession of the property, and defendant seeks to eject plaintiff from property and recover possession, the action involves both equitable and legal issues.  (Thomson v. Thomson, supra 7 Cal.2d at 678.)  Specifically, plaintiff’s claims are equitable, like in the first scenario) and defendant’s claims are legal, like in the second scenario.

 

Back to July 2014 Archive

CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

SEE BELOW- http://www.certifiedforensicloanauditors.com

Call us toll free at 888-758-2352

Bookmark and Share
spacer
Facebook Like us on Facebook
Twitter Follow us on Twitter
YouTube View our YouTube Videos
LinkedIn Connect to us on Linkedin
 
BBB Logo

 

spacer
Contact us or view our Sample Documents & Audits by completing the form below.

  • Reload
  • Should be Empty:


 

DVD Sets Only $99

 

FREE Mortgage Fraud Analysis

 

Order Cutting-Edge Services Now

 

Quiet Title Packages from Licensed Attorneys

 

Affiliate Services

 

CFLA Sponsored Attorney Links

 

Take-Home Education Package

 

ALB Law Firm

 

Advocate Legal

 

The True News Network

 

Sutton Law Firm, P.L.L.C.

 

Rubenstein Business Law

 

Atighechi Law Group

 

Scunziano & Associates

 

Get Certified to Perform Mortgage Securitization Audits

 

CFLA Training Academy

 

Expert Witness Services

 

Cutting Edge Expert Securitization Reports

 

CFLA Credit Cards

 

Breaking News

 

Letters to the Editor

 

CFLA Weekly Newsletters

 

Code of Ethics

 

Testimonials

 

Instructional Videos

 

Job Opportunities

 

License Opportunities

 

MARS Rule

 

Product Samples

 

Resource Links

 

Servicer Information

 

Foreclosure Laws

 

REST Report

 

Quiet Title Packages from Licensed Attorneys

 

Advertise on CFLA

 

Advertising Space: Mortgage Securitization, Quiet Title

 

Certified Forensic Loan Auditors, LLC
13101 West Washington Blvd.
Suite 444
Los Angeles, CA 90066

Phone: 832-932-3951
Toll Free: 888-758-CFLA (2352)
Mobile Users: CLICK TO CALL
info@certifiedforensicloanauditors.com

   
 
CFLA IS NOT A LAW FIRM AND DOES NOT PROVIDE ANY LEGAL ADVICE. CFLA DOES NOT OFFER FORECLOSURE CONSULTING OR FORECLOSURE RELIEF
SERVICES. CFLA DOES NOT OFFER OR ASSIST WITH ANY LOAN MODIFICATION SERVICE. CFLA ALWAYS RECOMMENDS THAT CLIENTS RETAIN COMPETENT COUNSEL IN THEIR RESPECTIVE JURISDICTION. CFLA HAS A FREE PROGRAM TO REFER CFLA CLIENTS TO LAW FIRMS IN NEARLY EVERY STATE AND CFLA
DOES NOT CHARGE OR OBTAIN REFERRALS FEES FOR THESE SERVICES. SERVICES NOT OFFERED TO RESIDENTS OF THE STATE OF NEVADA.

 
Home About Us Privacy Policy Terms of Service Disclaimer SERVICES Careers Contact Us
 
COPYRIGHT © 2007-2016 Certified Forensic Loan Auditors ™ All rights reserved