Dian Gardner v James Paul Gardner, Lucas Ray Merrick, all persons unknown claiming any interest in the property

Case Number

Case Type Civil Law & Motion Hearing Date / Time Wed, 04/15/2026 - 10:00 Nature of Proceedings Court Trial Tentative Ruling Plaintiff is represented by Nathan Rogers Defendant: no response, no appearance Issue Court Trial Tentative Ruling

For the reasons set out below the Court GRANTS the relief sought in the Complaint as follows: 1. The real property at issue (hereafter, the "Property") is commonly referred to as 3400 Gibraltar Road, Santa Barbara, California 93105: and 2. Judgment is entered declaring the parties' rights with respect to ownership of the Property; and 3. Judgment is entered quieting fee simple title to the Property such that James Paul Gardner owns a 40% interest, Lucas Ray Merrick owns a 30% interest, and the Estate of Nancy A. Gardner owns a 30% interest.

4. Counsel for Plaintiff will submit a judgment consistent with this Ruling.

Analysis

On 11/5/25 the operative complaint was filed; 1 count; quiet title action. The real property at issue (hereafter, the "Property") is commonly referred to as 3400 Gibraltar Road, Santa Barbara, California 93105. Plaintiff prays: 1. For a judgment declaring the parties' rights with respect to ownership of the Property; 2. For judgment quieting fee simple title to the Property such that James Paul Gardner owns a 40% interest, Lucas Ray Merrick owns a 30% interest, and the Estate of Nancy A. Gardner owns a 30% interest.

On 12/2/25 a POS was filed showing the named Defendants were served. No response was filed. On 1/28/26 a default was entered against each of the Defendants.

CMC On 2/24/26 Plaintiff filed a CMCS for the pending CMC of 3/11/26 and reported: This is an undisputed quiet title action brought by Plaintiff, Dian Gardner, naming her two brothers as nominal Defendants. Defendants intentionally defaulted because all parties agree to the relief being sought. Because default judgments are not permitted in quiet title actions, Plaintiff requests a short cause trial to testify as to the events set forth in the verified complaint.

Trial set On 3/11/26 the Court held a CMC; only Nathan Rogers, Attorney for Plaintiff (via Zoom), appeared. The Court set the case for trial on April 15, 2026, based upon the representations made in his CMCS.

The Trial Dian Gardner Testified Observations of this Testimony Consistent with what was pleaded.

The Court's Conclusions The matter shall go forward, and the Court expects to issue a ruling based upon the documents filed and the testimony given at the hearing.