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LEIPER v. GALLEGOS

No. B292905.

42 Cal.App.5th 394 (2019)

GARY D. LEIPER, as Trustee, etc., Plaintiff and Respondent, v. DENNIS GALLEGOS, Defendant and Appellant; JOHN L. POOLE et al., Objectors and Respondents.

Court of Appeals of California, Second District, Division Six.

November 20, 2019.

Attorney(s) appearing for the Case

Law Offices of Greg May, Greg May ; Jones & Lester; Jones, Lester, Schuck, Becker & Dehesa, Mark A. Lester , Theresa Loss ; Norman Dowler and Brett L. Price for Defendant and Appellant.

Musick, Peeler & Garrett and Cheryl A. Orr for Objector and Respondent Bank of the West, co-trustee for Austin M. Barnard, deceased.

John L. Poole, in pro. per., for Objector and Respondent John L. Poole.

No appearance for Plaintiff and Respondent.

OPINION

A tax sale of real property described in the deed as pertaining to surface rights does not include oil and gas rights which are "restrictions of record" in a previously recorded oil and gas lease.

In 1939, Mr. E.S. Barnard believed there was oil and gas under a 2.3-acre lot he owned near the Ventura River...

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