Robertson v. Superior Court

Jul 25, 2001

OUTCOME: Demurrer to complaint sustained, and writ was denied by California Supreme Court.

Case was brought in trial court to cancel a 1949 quitclaim deed on the ground it was a void instrument. A demurrer was filed on statute of limitations grounds, but was overruled by the trial court fin ... ding that an action to cancel a wholly void instrument may be brought at any time. The Court of appeal overruled the trial court and sustained the demurrer finding that the the 5 year statute of limiatations applied which begins to run at the end of possession of the real property.