The Court also, crucially, found that as it pertained to constructive knowledge in this regard, a title company’s knowledge of such facts are imputed to the purchaser/encumbrancer.
#CALIFORNIA CONSTRUCTIVE KNOWLEGE OF COURT FILED DOCUMENTS TRIAL#
Rule 3.250 amended effective Januadopted as rule 201.5 effective Jpreviously amended effective January 1, 2001, and Janupreviously amended and renumbered as rule 3.250 effective January 1, 2007.The Court of Appeal of California, Second Appellate District, Division Two, recently upheld a trial court’s finding that a later purchaser or encumbrancer for value seeking protection under the Quiet Title Act from the invalidation of an earlier quiet title judgment may only do so if it lacked constructive knowledge of some “defects or irregularities in judgment or proceedings” at the time it obtained its interest in the property. (Subd (b) amended effective Januamended effective January 1, 2003, and January 1, 2007.)Īs used in this rule, papers include printed forms furnished by the clerk, but do not include notices filed and served by the clerk. (4) All original papers must be retained until six months after final disposition of the case, unless the court on motion of any party and for good cause shown orders the original papers preserved for a longer period. (3) An original must be retained under (1) or (2) in the paper or electronic form in which it was created or received. (2) The original of a response must be served, and it must be retained by the person upon whom it is served. If served electronically under rule 2.251, the proof of electronic service must meet the requirements in rule 2.251(i). (1) Unless the paper served is a response, the party who serves a paper listed in (a) must retain the original with the original proof of service affixed. (b) Retaining originals of papers not filed (Subd (a) amended effective Janupreviously amended effective January 1, 2001.) (23) Offer to compromise, unless accompanied by an original proof of acceptance and a written judgment for the court's signature and entry of judgment. (22) Notice to produce party, agent, or tangible things before a court, and response and (20) Request for statement of damages, and response, unless it is accompanied by a request to enter default and is the notice of special and general damages
(19) Demand for bill of particulars or an accounting, and response (18) Stipulation to enlarge the scope of number of discovery requests from that specified by statute, and notice of the stipulation (17) Declaration for additional discovery (16) Statement that a party does not presently intend to offer the testimony of any expert witness (15) List of expert witnesses whose opinion a party intends to offer in evidence at trial and declaration (14) Demand for production of discoverable reports and writings of expert witnesses (13) Demand for exchange of expert witnesses (12) Demand for delivery of medical reports, and response
(11) Agreement for physical and mental examinations (10) Request for admissions, and responses or objections to request (9) Demand for production or inspection of documents, things, and places, and responses or objections to demand (8) Interrogatories, and responses or objections to interrogatories (7) Agreement to set or extend time for deposition, agreement to extend time for response to discovery requests, and notice of these agreements (6) Notice of intention to take an oral deposition by telephone, videoconference, or other remote electronic means (5) Notice of intention to record testimony by audio or video tape (4) Notice to consumer or employee, and objection The following papers, whether offered separately or as attachments to other documents, may not be filed unless they are offered as relevant to the determination of an issue in a law and motion proceeding or other hearing or are ordered filed for good cause:
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