Tuesday, January 21, 2020
McDermott Ranch v. Connolly Ranch
Cal.App. 3rd Dist. (C085433) 12/17/19
The court affirmed the judgment quieting title in defendant based on the agreed boundary doctrine. The court held that testimony of the son as to what his father had said about the agreed boundary was properly admitted as an exception to the hearsay rule under Evidence Code Section 1323 because the trial court properly determined that the testimony was trustworthy, the declarant was unavailable as a witness (deceased) and the witness had sufficient knowledge of the subject.