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1 TODD A. AMSPOKER, State Bar No. 111245
PRICE, POSTEL & PARMA LLP
2 200 East Carrillo Street, Fourth Floor
Santa Barbara, California 93101
3 Telephone: (805) 962-0011
4 Facsimile: (805) 965-3978
taa@ppplaw.com
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Attorneys for Plaintiffs,
6 WILLIAM EDWARD PASICH and
JANE ANN TUCKER
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SANTA BARBARA - ANACAPA DIVISION
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WILLIAM EDWARD PASICH, an individual; Case No.:
12 JANE ANN TUCKER, an individual
13 Plaintiffs,
VERIFIED COMPLAINT TO QUIET
14 vs. TITLE
15 DOVE DEVELOPMENT, INC., a California
corporation, and ALL PERSONS UNKNOWN, APN: 153-270-008
16 CLAIMING ANY LEGAL OR EQUITABLE
RIGHT, TITLE, ESTATE, LIEN, OR
17 INTEREST IN THE PROPERTY
DESCRIBED IN THE COMPLAINT
18 ADVERSE TO PLAINTIFF’S TITLE, OR
ANY CLOUD UPON PLAINTIFF’S TITLE
19 THERETO; and DOES 1 through 50, inclusive,
20 Defendants.
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Plaintiffs WILLIAM EDWARD PASICH, and JANE ANN TUCKER (“Plaintiffs”) allege
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as follows:
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1. This action seeks to quiet title to unimproved real property located on Spyglass
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Ridge Road, Santa Barbara, CA (APN: 153-270-008) (“Subject Property”). The Subject Property
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is legally described as follows:
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PRICE, POSTEL
& PARMA LLP 1
SANTA BARBARA, CA VERIFIED COMPLAINT TO QUIET TITLE
1 Those portions of the Southeast one-quarter of the Southwest one-quarter of Section
33, Township 5 North, Range 27 West S.B.M., in the County of Santa Barbara, State
2 of California, described as follows:
3 PARCEL ONE:
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Beginning at a point on the East line of said Southeast one-quarter of the Southwest
5 one-quarter of Section 33, on the centerline of a 40 foot private road right of way,
from which a survey pipe at the Southeast comer of said Southeast one-quarter of the
6 Southwest one-quarter of Section 33 bears South 0°19'30" West 161.15 feet and a 3/4
inch survey pipe set on said East line bears North 0°19'30" East 13.24 feet;
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8 thence 1st, along the center line of said 40 foot private road right of way along the arc
of a curve concave to the Northeast, the initial tangent of which bears North
9 68°52'50" West 78.07 feet in a Northwesterly direction, said curve having a delta of
16°16'40", a radius of 274.80 feet and a tangent of 39.30 feet;
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thence 2nd, North 52°36'10" West 64.49 feet to the beginning of a curve to the left;
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12 thence 3rd along said curve in a Northwesterly direction 37.13 feet, said curve having
a delta of 21°16'30", a radius of 100.00 feet and a tangent of 18.78 feet;
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thence 4th, North 73°52'40" West 13.74 feet to the beginning of a curve to the left;
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thence 5th, along said curve in a Westerly direction 66.17 feet, said curve having a
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delta of 37°54'50", radius of 100.00 feet and a tangent of 34.35 feet;
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thence, 6th South 68°12'30" West 74.58 feet;
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thence 7th, South 74°31'20" West 109.17 feet to the beginning of a curve to the right;
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thence 8th, along said curve in a Northwesterly direction 70.80 feet; said curve
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having a delta of 73°45'30", radius of 55.00 feet and a tangent of 41.26 feet;
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thence 9th, North 31°43'10" West 17.96 feet to the beginning of a curve to the right;
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thence 10th, along said curve in a Northwesterly direction 44.61 feet said curve
22 having a delta of 21°18' a radius of 120 feet and a tangent of 22.57 feet;
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thence 11th, North 10°25'10" West 75.01 feet to the beginning of a curve to the left;
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thence 12th along said curve in a Northwesterly direction 37.30 feet, said curve
25 having a delta of 30°31'50", radius of 70.00 feet and a chord which bears North
26°11'05" West 36.86 feet;
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27 thence 13th, leaving the center line of said 40 foot private road right of way, North
12°36'30" East 325.34 feet to a ¾ inch survey pipe;
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thence 14th, South 65°29' East 496.90 feet to the East line of said Southeast one-
PRICE, POSTEL
& PARMA LLP 2
SANTA BARBARA, CA VERIFIED COMPLAINT TO QUIET TITLE
1 quarter of the Southwest one-quarter of Section 33, from which a 3/4 inch survey pipe
bears North 65°29' West 63.74 feet;
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thence 15th, along said East line South 0°19'30" West 338.65 feet to the point of
3 beginning.
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PARCEL TWO:
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Beginning at the Northerly end of the 15th course of Parcel One hereinabove
6 described;
7 thence 1st, North 0°19'30” East along the East line of said Southeast one-quarter of
8 the Southwest one-quarter of Section 33, 203.62 feet to a point;
9 thence at right angles 2nd, North 89°40'30" West 453.26 feet to the Northwesterly
end of the 14th course of said Parcel One;
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thence 3rd, South 65°29' East along said 14th course, 496.90 feet to the point of
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beginning.
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Said land Is also shown on a Record of Survey recorded in Book 36, Page 77.
13 Records of Santa Barbara County (“the Record of Survey”).
14 APN:153-270-008
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2. Plaintiffs have been the co-owners of record to the Subject Property at all times
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since the Property’s acquisition in 2017. Plaintiffs request quiet title herein.
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3. Defendant DOVE DEVELOPMENT, INC. (“Defendant”) was a California
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corporation which was suspended by the State of California on or about July 1, 1982. As of that
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time, and continuing to the present time, Defendant was the technical legal owner of a strip of
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land 20 feet in width, immediately to the north of the southern boundary of the Subject Property,
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and included within the Subject Property. In addition, Defendant was the technical legal owner of
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a strip of land 20 feet in width, immediately to the east of the westerly boundary of the Subject
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Property (this strip of land 20 feet in width is depicted as “20’ Right of Way” on the Record of
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Survey).
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4. The Defendants named herein as “All Persons Unknown, Claiming Any Legal or
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Equitable Right, Title, Estate, Lien, Or Interest In the Property Described In The Complaint
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Adverse To Plaintiff’s Title, Or Any Cloud Upon Plaintiff’s Title Thereto” (the “Unknown
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PRICE, POSTEL
& PARMA LLP 3
SANTA BARBARA, CA VERIFIED COMPLAINT TO QUIET TITLE
1 Defendants”) (collectively with Defendant, the “Defendants”) are unknown to Plaintiffs. Plaintiffs
2 are informed and believe, and on that basis allege, that the Unknown Defendants, and each of
3 them, claim some right, title, estate, lien or interest in the real property and real property interests
4 that are adverse to Plaintiffs’ property interests at issue in this action.
5 5. Plaintiffs do not know the true names and capacities of the defendants sued as
6 Does 1 through 10, inclusive, and therefore sues these defendants by such fictitious names. Upon
7 information and belief, said defendant may have granted interests in the Property and/or soon will
8 grant such ownership interests. Plaintiffs do not currently know the true names and capacities of
9 those who may claim an ownership interest in the Property, but Plaintiffs will amend this
10 complaint to add the true names and capacities of these defendants when they are ascertained.
11 6. Venue is proper in this Court because the Subject Property is located in the County
12 of Santa Barbara in the State of California.
13 7. The Subject Property is designated in the Santa Barbara County Recorder’s Office
14 as APN: 153-270-008, and legally described in Paragraph One of this complaint. The Subject
15 Property was created by grant deed in 1955. The legal description of the Subject Property
16 included reference to a 40 foot wide private right of way whose centerline was described as the
17 southern boundary of the Subject Property. However, the 1955 deed which created the Subject
18 Property excluded the northern 20 feet in width of said 40 foot wide private right of way (“the 20
19 Foot Wide Parcel”) from the conveyance. Similarly, the legal description of the Subject Property
20 excluded a 20-foot wide strip on the westerly boundary of the Subject Property. Therefore, the
21 grantor of the Subject Property in the 1955 deed, who also owned the surrounding parcel, was still
22 the owner of the two 20 Foot Wide Parcels because they were not conveyed to the grantee of the
23 1955 deed. In 1980, Dove Development became the owner of the large parcel of real property
24 surrounding the Subject Property on three sides. In 1981, Dove obtained permission from the
25 County of Santa Barbara to record Parcel Map No. 12,838, which created four separate legal
26 parcels surrounding the Subject Property. When Parcel Map 12,838 was created in 1981, Dove
27 Development was still the owner of said 20 Foot Wide Parcels. Dove Development subsequently
28 sold off the four parcels in the Parcel Map to third parties, but never conveyed the 20 Foot Wide
PRICE, POSTEL
& PARMA LLP 4
SANTA BARBARA, CA VERIFIED COMPLAINT TO QUIET TITLE
1 Parcels to anyone. Dove Development therefore is still the technical record owner of the 20 Foot
2 Wide Parcels.
3 8. Plaintiffs have occupied the Subject Property from 2017 to the present. This
4 includes the 20 Foot Wide Parcels at its southern and western boundaries as described in the
5 preceding paragraph.
6 9. Defendants have never had possession of the Subject Property at any time after the
7 early 1980’s.
8 10. Plaintiffs have records showing they have paid all real property taxes related to the
9 Subject Property, including the 20 Foot Wide Parcels referred to in paragraph 8 hereof.
10 I. FIRST CAUSE OF ACTION
11 (Quiet Title Against All Defendants)
12 11. Plaintiffs hereby incorporate by reference the allegations contained in each
13 paragraph above as though fully set forth in full herein.
14 12. By virtue of the foregoing facts, Plaintiffs are entitled to a judicial declaration that
15 Plaintiffs are the 100% owner of the Subject Property, including the 20 Foot Wide Parcels.
16 13. Accordingly, Plaintiffs seek to quiet title to the Subject Property in Plaintiffs’
17 name alone as of the date of this complaint.
18 II. PRAYER
19 WHEREFORE, Plaintiffs pray for judgement as follows against all Defendants:
20 1. For an order quieting title to the Subject Property, including the 20 Foot Wide
21 Parcels.
22 2. For a judicial declaration that Plaintiffs are the full legal and beneficial owner of
23 the Property, including the 20 Foot Wide Parcels.
24 3. For Attorney’s fees, if allowed by law;
25 4. For costs of suit; and
26 5. For such other and further relief as the court may deem just and proper
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PRICE, POSTEL
& PARMA LLP 5
SANTA BARBARA, CA VERIFIED COMPLAINT TO QUIET TITLE
1 Respectfully submitted,
2 Dated: September 27, 2023 PRICE, POSTEL & PARMA LLP
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5 By:______________________________
TODD A. AMSPOKER
6 Attorneys for Plaintiffs
William Pasich and Jane Ann Tucker
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SANTA BARBARA, CA VERIFIED COMPLAINT TO QUIET TITLE
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1 TODD A. AMSPOKER, State Bar No. 111245 PRICE, POSTEL & PARMA LLP 2 200 East Carrillo Street, Fourth Floor Santa Barbara, California 93101 3 Telephone: (805) 962-0011 4 Facsimile: (805) 965-3978 taa@ppplaw.com 5 Attorneys for Plaintiffs, 6 WILLIAM EDWARD PASICH and JANE ANN TUCKER 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA BARBARA - ANACAPA DIVISION 10 11 WILLIAM EDWARD PASICH, an individual; Case No.: 12 JANE ANN TUCKER, an individual 13 Plaintiffs, VERIFIED COMPLAINT TO QUIET 14 vs. TITLE 15 DOVE DEVELOPMENT, INC., a California corporation, and ALL PERSONS UNKNOWN, APN: 153-270-008 16 CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR 17 INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT 18 ADVERSE TO PLAINTIFF’S TITLE, OR ANY CLOUD UPON PLAINTIFF’S TITLE 19 THERETO; and DOES 1 through 50, inclusive, 20 Defendants. 21 22 23 Plaintiffs WILLIAM EDWARD PASICH, and JANE ANN TUCKER (“Plaintiffs”) allege 24 as follows: 25 1. This action seeks to quiet title to unimproved real property located on Spyglass 26 Ridge Road, Santa Barbara, CA (APN: 153-270-008) (“Subject Property”). The Subject Property 27 is legally described as follows: 28 PRICE, POSTEL & PARMA LLP 1 SANTA BARBARA, CA VERIFIED COMPLAINT TO QUIET TITLE 1 Those portions of the Southeast one-quarter of the Southwest one-quarter of Section 33, Township 5 North, Range 27 West S.B.M., in the County of Santa Barbara, State 2 of California, described as follows: 3 PARCEL ONE: 4 Beginning at a point on the East line of said Southeast one-quarter of the Southwest 5 one-quarter of Section 33, on the centerline of a 40 foot private road right of way, from which a survey pipe at the Southeast comer of said Southeast one-quarter of the 6 Southwest one-quarter of Section 33 bears South 0°19'30" West 161.15 feet and a 3/4 inch survey pipe set on said East line bears North 0°19'30" East 13.24 feet; 7 8 thence 1st, along the center line of said 40 foot private road right of way along the arc of a curve concave to the Northeast, the initial tangent of which bears North 9 68°52'50" West 78.07 feet in a Northwesterly direction, said curve having a delta of 16°16'40", a radius of 274.80 feet and a tangent of 39.30 feet; 10 thence 2nd, North 52°36'10" West 64.49 feet to the beginning of a curve to the left; 11 12 thence 3rd along said curve in a Northwesterly direction 37.13 feet, said curve having a delta of 21°16'30", a radius of 100.00 feet and a tangent of 18.78 feet; 13 thence 4th, North 73°52'40" West 13.74 feet to the beginning of a curve to the left; 14 thence 5th, along said curve in a Westerly direction 66.17 feet, said curve having a 15 delta of 37°54'50", radius of 100.00 feet and a tangent of 34.35 feet; 16 thence, 6th South 68°12'30" West 74.58 feet; 17 thence 7th, South 74°31'20" West 109.17 feet to the beginning of a curve to the right; 18 thence 8th, along said curve in a Northwesterly direction 70.80 feet; said curve 19 having a delta of 73°45'30", radius of 55.00 feet and a tangent of 41.26 feet; 20 thence 9th, North 31°43'10" West 17.96 feet to the beginning of a curve to the right; 21 thence 10th, along said curve in a Northwesterly direction 44.61 feet said curve 22 having a delta of 21°18' a radius of 120 feet and a tangent of 22.57 feet; 23 thence 11th, North 10°25'10" West 75.01 feet to the beginning of a curve to the left; 24 thence 12th along said curve in a Northwesterly direction 37.30 feet, said curve 25 having a delta of 30°31'50", radius of 70.00 feet and a chord which bears North 26°11'05" West 36.86 feet; 26 27 thence 13th, leaving the center line of said 40 foot private road right of way, North 12°36'30" East 325.34 feet to a ¾ inch survey pipe; 28 thence 14th, South 65°29' East 496.90 feet to the East line of said Southeast one- PRICE, POSTEL & PARMA LLP 2 SANTA BARBARA, CA VERIFIED COMPLAINT TO QUIET TITLE 1 quarter of the Southwest one-quarter of Section 33, from which a 3/4 inch survey pipe bears North 65°29' West 63.74 feet; 2 thence 15th, along said East line South 0°19'30" West 338.65 feet to the point of 3 beginning. 4 PARCEL TWO: 5 Beginning at the Northerly end of the 15th course of Parcel One hereinabove 6 described; 7 thence 1st, North 0°19'30” East along the East line of said Southeast one-quarter of 8 the Southwest one-quarter of Section 33, 203.62 feet to a point; 9 thence at right angles 2nd, North 89°40'30" West 453.26 feet to the Northwesterly end of the 14th course of said Parcel One; 10 thence 3rd, South 65°29' East along said 14th course, 496.90 feet to the point of 11 beginning. 12 Said land Is also shown on a Record of Survey recorded in Book 36, Page 77. 13 Records of Santa Barbara County (“the Record of Survey”). 14 APN:153-270-008 15 2. Plaintiffs have been the co-owners of record to the Subject Property at all times 16 since the Property’s acquisition in 2017. Plaintiffs request quiet title herein. 17 3. Defendant DOVE DEVELOPMENT, INC. (“Defendant”) was a California 18 corporation which was suspended by the State of California on or about July 1, 1982. As of that 19 time, and continuing to the present time, Defendant was the technical legal owner of a strip of 20 land 20 feet in width, immediately to the north of the southern boundary of the Subject Property, 21 and included within the Subject Property. In addition, Defendant was the technical legal owner of 22 a strip of land 20 feet in width, immediately to the east of the westerly boundary of the Subject 23 Property (this strip of land 20 feet in width is depicted as “20’ Right of Way” on the Record of 24 Survey). 25 4. The Defendants named herein as “All Persons Unknown, Claiming Any Legal or 26 Equitable Right, Title, Estate, Lien, Or Interest In the Property Described In The Complaint 27 Adverse To Plaintiff’s Title, Or Any Cloud Upon Plaintiff’s Title Thereto” (the “Unknown 28 PRICE, POSTEL & PARMA LLP 3 SANTA BARBARA, CA VERIFIED COMPLAINT TO QUIET TITLE 1 Defendants”) (collectively with Defendant, the “Defendants”) are unknown to Plaintiffs. Plaintiffs 2 are informed and believe, and on that basis allege, that the Unknown Defendants, and each of 3 them, claim some right, title, estate, lien or interest in the real property and real property interests 4 that are adverse to Plaintiffs’ property interests at issue in this action. 5 5. Plaintiffs do not know the true names and capacities of the defendants sued as 6 Does 1 through 10, inclusive, and therefore sues these defendants by such fictitious names. Upon 7 information and belief, said defendant may have granted interests in the Property and/or soon will 8 grant such ownership interests. Plaintiffs do not currently know the true names and capacities of 9 those who may claim an ownership interest in the Property, but Plaintiffs will amend this 10 complaint to add the true names and capacities of these defendants when they are ascertained. 11 6. Venue is proper in this Court because the Subject Property is located in the County 12 of Santa Barbara in the State of California. 13 7. The Subject Property is designated in the Santa Barbara County Recorder’s Office 14 as APN: 153-270-008, and legally described in Paragraph One of this complaint. The Subject 15 Property was created by grant deed in 1955. The legal description of the Subject Property 16 included reference to a 40 foot wide private right of way whose centerline was described as the 17 southern boundary of the Subject Property. However, the 1955 deed which created the Subject 18 Property excluded the northern 20 feet in width of said 40 foot wide private right of way (“the 20 19 Foot Wide Parcel”) from the conveyance. Similarly, the legal description of the Subject Property 20 excluded a 20-foot wide strip on the westerly boundary of the Subject Property. Therefore, the 21 grantor of the Subject Property in the 1955 deed, who also owned the surrounding parcel, was still 22 the owner of the two 20 Foot Wide Parcels because they were not conveyed to the grantee of the 23 1955 deed. In 1980, Dove Development became the owner of the large parcel of real property 24 surrounding the Subject Property on three sides. In 1981, Dove obtained permission from the 25 County of Santa Barbara to record Parcel Map No. 12,838, which created four separate legal 26 parcels surrounding the Subject Property. When Parcel Map 12,838 was created in 1981, Dove 27 Development was still the owner of said 20 Foot Wide Parcels. Dove Development subsequently 28 sold off the four parcels in the Parcel Map to third parties, but never conveyed the 20 Foot Wide PRICE, POSTEL & PARMA LLP 4 SANTA BARBARA, CA VERIFIED COMPLAINT TO QUIET TITLE 1 Parcels to anyone. Dove Development therefore is still the technical record owner of the 20 Foot 2 Wide Parcels. 3 8. Plaintiffs have occupied the Subject Property from 2017 to the present. This 4 includes the 20 Foot Wide Parcels at its southern and western boundaries as described in the 5 preceding paragraph. 6 9. Defendants have never had possession of the Subject Property at any time after the 7 early 1980’s. 8 10. Plaintiffs have records showing they have paid all real property taxes related to the 9 Subject Property, including the 20 Foot Wide Parcels referred to in paragraph 8 hereof. 10 I. FIRST CAUSE OF ACTION 11 (Quiet Title Against All Defendants) 12 11. Plaintiffs hereby incorporate by reference the allegations contained in each 13 paragraph above as though fully set forth in full herein. 14 12. By virtue of the foregoing facts, Plaintiffs are entitled to a judicial declaration that 15 Plaintiffs are the 100% owner of the Subject Property, including the 20 Foot Wide Parcels. 16 13. Accordingly, Plaintiffs seek to quiet title to the Subject Property in Plaintiffs’ 17 name alone as of the date of this complaint. 18 II. PRAYER 19 WHEREFORE, Plaintiffs pray for judgement as follows against all Defendants: 20 1. For an order quieting title to the Subject Property, including the 20 Foot Wide 21 Parcels. 22 2. For a judicial declaration that Plaintiffs are the full legal and beneficial owner of 23 the Property, including the 20 Foot Wide Parcels. 24 3. For Attorney’s fees, if allowed by law; 25 4. For costs of suit; and 26 5. For such other and further relief as the court may deem just and proper 27 28 PRICE, POSTEL & PARMA LLP 5 SANTA BARBARA, CA VERIFIED COMPLAINT TO QUIET TITLE 1 Respectfully submitted, 2 Dated: September 27, 2023 PRICE, POSTEL & PARMA LLP 3 4 5 By:______________________________ TODD A. AMSPOKER 6 Attorneys for Plaintiffs William Pasich and Jane Ann Tucker 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRICE, POSTEL & PARMA LLP 6 SANTA BARBARA, CA VERIFIED COMPLAINT TO QUIET TITLE