McDermott Ranch v. Connolly Ranch
Annotate this CaseThis case stemmed from a 1958 real estate transaction between the predecessors in interest to plaintiff McDermott Ranch, LLC (McDermott) and the predecessors in interest to defendant Connolly Ranch, Inc. (Connolly). The parties owned adjoining ranches in an area called Section 10 in rural San Joaquin County, California. A dispute arose between the parties concerning the location of the southern and western borders of the Connolly parcel. According to Connolly, its parcel was approximately 165 acres with a border that ended at the Section 10 western and southern boundaries. McDermott argued the Connolly parcel was approximately 107 acres and only extended to a fence that ran along the western and southern portion of Section 10, plus a portion (the 24-acre Connolly defect) that connected the southeastern portion of the Connolly parcel to other land owned by Connolly in the adjacent Section 15. In September 2013, McDermott sued to quiet title to the disputed portions of Section 10 and to eject Connolly; Connolly cross-complained for the same relief. After a bench trial in 2016, the trial court awarded Connolly the disputed 58 acres under the agreed boundary doctrine, in part based on testimony from Mark Connolly regarding statements made by his father Robert Connolly about the background and intent of the parties in doing the 1958 transaction. Robert had negotiated the deal on behalf of his mother Ann Connolly, who was a predecessor in interest to Connolly. On appeal, McDermott contended the trial court erred in admitting the testimony regarding Robert’s hearsay statements under Evidence Code section 1323. McDermott also argued the remaining evidence was insufficient to support the trial court’s judgment because the deed and related documents reflect the parties’ intent to grant Connolly the smaller parcel. Furthermore, McDermott argued the trial court abused its discretion in awarding attorney’s fees after finding that McDermott had unjustifiably failed to admit certain requests for admission. Finding no reversible error, the Court of Appeal affirmed.
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