CYNTHIA-L: EPES TRUSTEE TTEE, et al. vs ESTATE OF GWEN DAVIES, et al.

Any defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone, not the evidence or other extrinsic matters. (Code Civ. Proc, §§ 430.30, 430.70.)

DISCUSSION While not expressly stated in the Notice or moving papers, Defendant appears to demur to three of the four causes of action in the Second Amended Complaint for failure to state a cause of action, but in actuality, based on Plaintiff Cynthia-L: Epes Trustee’s failure to include the residential purchase agreement she allegedly signed with the Estate of Gwen Davis. (Notice, 25CV140819: CYNTHIA-L: EPES TRUSTEE TTEE, et al. vs ESTATE OF GWEN DAVIES, et al. 08/06/2026 Hearing on Demurrer DEMURRER: NOTICE OF DEMURRER (SECOND) AND DEMURRER (SECOND) TO SECOND AMENDED COMPLAINT FOR QUIET TITLE; filed by Special Administrator Peter Shelton (Defendant) CRS# 343467602667 in Department 17 p. 1:22-27; SAC ¶ 11.)

In its January 28, 2026 Order sustaining with leave to amend Defendant’s first demurrer, the Court requested that Plaintiff include exhibits reflecting her allegation that she “contracted with the Estate of Gwen Davis in purchasing the property on and around May 2024, with a signed Residential Purchase with Estate of Gwen Davies representatives[.]” Plaintiff includes four exhibits in her SAC, but none of them support her claim that she was the rightful owner of the subject property by way of its purchase from the Estate of Gwen Davies. (SAC, Exs. A-D.)

First Cause of Action: Quiet Title

To establish a cause of action for quiet title, Plaintiff must state in a verified complaint: (1) a description of the property that is the subject of the action; (2) the title of the Plaintiff as to which a determination of quiet title is sought; (3) the adverse claims to Plaintiff's title; (4) the date on which determination is sought; and (5) a prayer for the determination of Plaintiff's title against the adverse claims. (C.C.P. § 761.020.)

For the first cause of action for quiet title, none of the exhibits support her claim that she was the rightful owner of the subject property by way of its purchase from the Estate of Gwen Davies. (SAC, Exs. A-D.) The Court notes that Plaintiff was not limited to alleging additional facts to support her claims in addition to said SAC, but that she did not do so. While the grant deed Plaintiff attaches as Exhibit A, apparently the same as that attached to Defendant’s RJN as Exhibit 1, (albeit an incomplete version in the former), reflects the September 8, 2025 transfer of the property from “Cynthia L. Epes, Trustee” to “Cynthia I [sic] Epes Trust,” it is, confusingly, also handwritten next to ‘Trustee’ that the grantor is Cynthia L Epes Trust.

Regardless, Plaintiff did not cure the issue identified in the prior demurrer and when the court has already sustained a demurrer to a similar cause of action with leave to amend, but plaintiffs do not remedy the facial deficiencies, the Court may “infer that the pleader has no additional allegations with which to make its claim certain and has already pleaded its case to best advantage” and conclude that permitting a further opportunity for amendment would be futile. (Cf. Hills Transp. Co. v. Sw. Forest Indus., Inc. (1968) 266 Cal.App.2d 702, 713-714.)

Accordingly, the Demurrer to the First cause of action is SUSTAINED WITHOUT LEAVE TO AMEND.

Second Cause of Action: Declaratory Relief

Defendant effectively demurs on the same grounds, arguing that there is no contractual privity between Plaintiff and Defendant Estate of Gwen Davies in objecting to the fact that Plaintiff did not cure the defect identified in the past demurrer by failing to attach the

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

25CV140819: CYNTHIA-L: EPES TRUSTEE TTEE, et al. vs ESTATE OF GWEN DAVIES, et al. 08/06/2026 Hearing on Demurrer DEMURRER: NOTICE OF DEMURRER (SECOND) AND DEMURRER (SECOND) TO SECOND AMENDED COMPLAINT FOR QUIET TITLE; filed by Special Administrator Peter Shelton (Defendant) CRS# 343467602667 in Department 17 Residential Purchase Agreement with the Estate of Gwen Davies.

Any person claiming rights with respect to property, a contract, or a written instrument (other than a will or trust) may bring an action for a declaration of the party's rights or duties with respect to another. The action may be brought before any breach occurs of the obligation regarding which the declaration of rights is sought. (C.C.P § 1060; Market Lofts Community Association v. 9th Street Market Lofts, LLC (2014) 222 Cal.App.4th 924, 931.) Such declaratory relief requires the existence of an actual, present controversy between the parties over a proper subject. (City of Cotati v. Cashman (2002) 29 Cal.4th 69, 79; Jenkins v. JP Morgan Chase Bank, N.A. (2013) 216 Cal.App.4th 497, 513–514.)

Here, in light of the fact that Defendant represents that he no longer has title to the subject property after having conveyed it to a third party on November 4, 2025, Plaintiff cannot sufficiently state a cause of action for declaratory relief. (Suppl. MPA, p. 5:5-10, Ex. 3.) The Court notes, however, that this claim is not accompanied by a citation to a supporting declaration by Defendant but rather improperly incorporated in Defendant’s supplemental Memorandum of Points and Authorities.

Nevertheless, the Court interprets Plaintiff’s lack of Opposition as a concession to said argument. The Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the Second cause of action.

Third Cause of Action: Cancellation of Instrument

Pursuant to Civil Code section 3412. “A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may, upon his application, be so adjudged, and ordered to be delivered up or canceled.”

The SAC alleges variations of the claim that “trustee deeds, reconveyance documents, probate deeds recorded after your [Defendant(s)] Grant Deed” are subject to cancelation because they are clouds upon Plaintiff’s title to the property, and makes the conclusory reference for relief from “fraudulent deeds” in the Prayer for Relief. (SAC ¶¶ 28, 32, p. 23:20.) Plaintiff implies that Plaintiff will be deprived of possession of the property if these instruments are not cancelled as they will “impair her possessory rights.” (Id. at ¶ 33.)

The foregoing allegations fail to establish why the instruments are void or voidable. As discussed above, Plaintiff has not alleged facts to establish that the reconveyance of the Property (SAC, Ex. D), other grant deed (Ibid), or substitution of trustee (Id. at Ex. C) was unlawful or improper.

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

25CV140819: CYNTHIA-L: EPES TRUSTEE TTEE, et al. vs ESTATE OF GWEN DAVIES, et al. 08/06/2026 Hearing on Demurrer DEMURRER: NOTICE OF DEMURRER (SECOND) AND DEMURRER (SECOND) TO SECOND AMENDED COMPLAINT FOR QUIET TITLE; filed by Special Administrator Peter Shelton (Defendant) CRS# 343467602667 in Department 17 Defendant’s Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the Third cause of action.

Defendant shall file a Request for Dismissal within 10 days of this Order.

If a party does not timely contest the foregoing Tentative Ruling and appear at the hearing, the Tentative Ruling will become the order of the court.

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THROUGH ECOURT Notify the Court and all the other parties no later than 4:00 PM one court day before the scheduled hearing, and briefly identify the issues you wish to argue through the following steps: 1. Log into eCourt Public Portal 2. Case Search 3. Enter the Case Number and select “Search” 4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select “Click to Contest this Ruling” 7. Enter your Name and Reason for Contesting 8. Select “Proceed”

BY EMAIL Send an email to the DEPARTMENT CLERK and all the other parties no later than 4:00 PM one court day before the scheduled hearing. This will permit the department clerk to send invitations to counsel to appear remotely.

BOTH ECOURT AND EMAIL notices are required.