Boys & Girls Clubs of Fresno County v. The Optimist Boys Club of Fresno, Inc., et al.
Application for Default Judgment
Motion type
Causes of action
Parties
Ruling
(36) Tentative Ruling
Re: Boys & Girls Clubs of Fresno County v. The Optimist Boys Club of Fresno, Inc., et al. Superior Court Case No. 25CECG02004
Hearing Date: August 13, 2026 (Dept. 503)
Motion: Application for Default Judgment
Tentative Ruling:
To deny without prejudice. (Code Civ. Proc., § 761.020.)
Explanation:
Statutory Elements of Quiet Title Not Well Pled
The complaint shall be verified and shall include all of the following:
(a) A description of the property that is the subject of the action. In the case of tangible personal property, the description shall include its usual location. In the case of real property, the description shall include both its legal description and its street address or common designation, if any.
(b) The title of the plaintiff as to which a determination under this chapter is sought and the basis of the title. If the title is based upon adverse possession, the complaint shall allege the specific facts constituting the adverse possession.
(c) The adverse claims to the title of the plaintiff against which a determination is sought.
(d) The date as of which the determination is sought. If the determination is sought as of a date other than the date the complaint is filed, the complaint shall include a statement of the reasons why a determination as of that date is sought.
(e) A prayer for the determination of the title of the plaintiff against the adverse claims.
(Code Civ. Proc., § 761.020, emphasis added.)
Although a legal description is included in the verified complaint, it does not appear that plaintiff has pled the common designation of the property. Moreover, in the court’s view, in the case of real property, a common designation is likely to be more
effective notice, since a layperson may not immediately recognize the legal description of a property.
Unless plaintiff provides authority excusing adherence to Code of Civil Procedure section 761.020, the court intends to deny the application for default judgment for failure to plead a statutory element.
Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.
Tentative Ruling
Issued By: JS on 8/11/2026. (Judge’s initials) (Date)
19
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