Thompson v. Ioane

The property was sold at a 1998 foreclosure sale. The Santa Cruz Superior Court ordered that United take possession from Michael Ioane. Michael’s wife, Shelly, filed for bankruptcy. The two filed an adversary proceeding against United, alleging that the foreclosure sale was invalid. The bankruptcy court granted United summary judgment. The Ioanes's subsequent separate federal suit against United, alleging “paramount interest” in the property, was dismissed as “frivolous.” The court imposed the sanction of pre-filing review. The property was deeded to Thompson. The Ioanes filed a quiet title action in Superior Court, which granted Thompson judgment on the pleadings and awarded Thompson costs, but did not purport to quiet title in Thompson’s favor. The court of appeals affirmed. The Ioanes subsequently recorded several documents regarding the property, including purporting to transfer title from the Ioanes children to Tavake. Thompson sued all of the Ioanes, seeking quiet title, cancellation of written instruments, and declaratory relief. Daughter Briana filed a cross-complaint asserting conversion and malicious prosecution; on summary judgment, the court rejected her claims, entered a vexatious litigant prefiling order against Michael and Shelly, quieted title in Thompson, and ordered cancellation of recorded documents. The court of appeal reversed summary judgment and the vexatious litigants order, affirming as to Briana’s cross-complaint. Thompson did not establish his right to title through United. View "Thompson v. Ioane" on Justia Law