Jara v. Gonzalez
Appellant Miguel E. Jara, Sr. filed a complaint against his eight siblings. It alleged one cause of action, for quiet title to property, a claim based on adverse possession. Six of the siblings filed an answer, and also a cross-complaint.
Defendants moved for summary judgment on Jara’s complaint. Jara did not file any opposition. Rather, he filed a request for dismissal, filed late in the afternoon on the day before the scheduled hearing—and after the court had issued a tentative ruling. The trial court granted summary judgment.
A month later, the matter proceeded to trial on the cross-complaint. On the first day of trial, Jara filed a “motion in limine” seeking to amend his answer to the cross-complaint. Following the hearing, the trial court denied Jara’s motion, and went on to hold against Jara on the cross-complaint.
Jara appeals both the grant of summary judgment and the denial of his motion to amend his answer to the cross-complaint. We affirm.
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