Wilson v. Diche

McMURRAY, J. pro tem.* Plaintiff, in propria persona, brought suit in ejectment for damages, alleging that he was the owner of certain real property in Los Angeles and that defendant was in unlawful possession of a portion thereof and that he was thus damaged “in the sum of $1,500 for rents, issues, and profits” and for exemplary damage in the sum of $5,000.

Defendant answered alleging that she owned the adjacent lot to that plaintiff allegedly owned but that she had no information, knowledge or belief “sufficient to enable her to answer” and that she based her denial of plaintiff’s ownership on that ground alone. She further denied that she at any time possessed any property other than her own. Upon a hearing overruling a demurrer filed by plaintiff to the answer, it was also determined that defendant would file a disclaimer to the property described in the complaint. The disclaimer was filed thereafter prior to trial.

During trial, when it clearly appeared that a certain fence was on defendant’s land, plaintiff was permitted by the court to amend his complaint by reducing the damage claimed from $1,500 to $1.00 and eliminating completely thereupon the [314]claim for exemplary damages of $5,000. Plaintiff’s action was, therefore, aimed at the presence of certain rubbish on his land put there by defendant for a period of about one week.

The court determined (1) that plaintiff owned the real property described in his complaint; (2) that defendant owned the adjoining property; (3) that a wooden fence which paralleled the common boundary was wholly on defendant’s property; (4) that defendant at no time had been in possession of plaintiff’s property; and (5) that the small amount of rubbish placed by defendant upon the approach to plaintiff’s property shortly before December 9, 1958, was removed on December 14, 1958, by defendant, “and that, as to that act, the plaintiff suffered no damage.” The court concluded: (1) Defendant did not trespass or claim any interest in plaintiff’s property; (2) plaintiff suffered no damage by any act of defendant; and (3) gave defendant judgment and her costs of suit.

Plaintiff’s argument seems to be that the issue of ownership was framed by the pleadings (defendant’s denial based on information and belief) and thus he was entitled to a judgment quieting title since the court found him to be the owner. With judgment, he argues, he was entitled to costs. Nominal damages, he further contends, follow from the finding that defendant deposited rubbish on plaintiff’s property and that defendant was deprived of access, possession and use of the property. He concludes with the contention that, as a matter of law, he was entitled to judgment.