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ROBERTSON v. SUPERIOR COURT

No. A093924.

109 Cal.Rptr.2d 650 (2001)

90 Cal.App.4th 1319

Arlene ROBERTSON, Petitioner, v. The SUPERIOR COURT of Marin County, Respondent. Peter S. Brooks, Individually and as Representative, etc., Real Party in Interest.

Court of Appeals of California, First District, Division Two.

Review Denied October 17, 2001.

Attorney(s) appearing for the Case

Cary L. Dictor, Law Offices of Cary L. Dictor, Alameda, for Petitioner.

No appearance for Respondent.

Mark E. Rubke, Law Offices of Mark E. Rubke, Oakland, for Real Party in Interest.

HAERLE, J.

I. INTRODUCTION

Petitioner Arlene Robertson (Robertson) seeks a writ of mandate to overturn an order of the trial court overruling her demurrer to real party's second amended complaint. That complaint implicated title to real property, including Robertson's home, in Marin County, and her demurrer was based on statute of limitations grounds. In overruling it, the trial court held that an action under Civil Code section 3412 to cancel "a wholly...

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