Muller v. Robinson

WAGLER, J. pro tem.

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From three unsuccessful attempts to interject himself into the instant action, William Muller, plaintiff’s former husband, in propria persona, has appealed. He also appeals from an order denying “inspection and copying” of an alleged deposition and other documents. Since

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appellant was never a party to the action the foundation for his motion to inspect was entirely lacking and because the order denying same is nonappealable (Code Civ. Proc., § 963) it will not be discussed.

The instant action (San Mateo County No. 79309) to quiet title to certain realty was commenced by Lelah Muller against Otis Robinson, Edward Danner, Jr., Dan Brodie, and Rebecca Arnov, on March 5, 1958.

On April 16,1958, appellant appeared before the Honorable Edmund Scott and made an ex parte request to be joined as a party defendant in said action. In support of said ex parte application he presented an affidavit alleging in substance: that he was not named a party defendant therein; that he has an equitable interest in a portion of the realty described in plaintiff’s complaint; is a necessary party defendant; and that Lelah Muller claims under a false and fraudulent color of title more fully set forth in the complaint of William Muller in action Number 75225, which is incorporated by reference.

On the same date he filed a notice of motion to consolidate the two actions. This motion was based upon appellant’s affidavit wherein it is alleged that he is the plaintiff in said action Number 75225, which action seeks to quiet title to the same realty involved in the instant action; and that plaintiff Lelah Muller is a named defendant in said action Number 75225. These motions were denied on April 22, 1958.

Two days later appellant filed a notice of motion for leave to intervene herein. This motion was based upon appellant’s affidavit consisting of nine pages and upon a verified complaint in intervention. The proposed complaint coupled with other documents which appellant incorporates therein by reference

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would cover upwards of five hundred pages.

Omitting argumentative, irrelevant, querulous, and scandalous allegations, the affidavit and proposed complaint allege that appellant is the owner of a 1/6 undivided equitable interest in the real property described in the complaint in the instant action (this is the same property referred to in action Number 75225, in 141 Cal.App.2d 722 [297 P.2d 789] and in