XXXX
[ADDRESS]
Plaintiff in Pro Per
SUPERIOR COURT OF THE STATE OF XXX
COUNTY OF XXXX
XXXX,
Plaintiff
vs.
[DEFENDANT]
Defendant
Case No.: ___________
PROPOSED JUDGMENT
This matter came in for trial pursuant to notice and order of the Court on XXX, in Department ___ of the Alameda County Superior Court, Hon. ________ presiding.
Defendant failed to enter appearance in this case. A default entry was therefore made on
_________. Lis pendens was then filed on ______________. The trial concluded on XXX. Plaintiff XXX appeared in pro per. Defendant __________ did not enter
appearance.
At the conclusion of the trial on XXX, Plaintiff submitted Exhibits in support of
his claims. Defendant being in default, submitted no document.
After hearing and considering all of Plaintiff’s testimony, evidence and arguments
presented, the Court now enters its Judgment in the above-captioned case.
The Court finds as follows:
1. Plaintiff is an individual who has been the owner of record to the property located
at _____________, at all times since the property’s acquisition in _____________.
2. Plaintiff has possession of the property located at __________________ (“the
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property”), by adverse possession of real property. The property is adjacent to Plaintiff’s
residence.
3. The property is a 200 feet by 20 feet piece of vacant land with no other known
easement.
4. County Records show that the property was once owned by Defendant, which was
a California Corporation that is now defunct.
5. Defendant’s ex-registered agent swore an affidavit declaring that he does not
know the whereabouts of the Defendant’s promoters, and that he has no objection to Plaintiff’s
claim to the property.
6. Plaintiff has possession of the property described above by actual, open, hostile,
continuous, and exclusive possession.
7. Plaintiff’s possession has been actual, open, hostile, continuous, and exclusive
since ______________, in excess of the 5-year period set forth in Code of Civil Procedure
sections 318, 319 and 321 through 323.
8. Plaintiff has been in continuous possession during the period described above,
adverse to Defendant and to all other persons.
9. Defendant has failed to enter appearance in the case. Plaintiff has done due
diligence in attempting to serve Defendant.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Judgment shall be
entered for Plaintiff in default.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED Plaintiff is granted a
decree quieting title free and clear from all claims by the Defendant, their successors in interest,
or any other third party to the vacant land located at ________________. Defendant, its
successors in interest, and all third parties shall recognize in perpetuity the property’s boundary
lines.
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This judgment constitutes a final judgment resolving all remaining issues in this case.
DATED this _______ day of ___________, XXX.
_________________________
____________, Judge of the XXX County Superior Court
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