Muller v. Muller

In Muller v. Muller (1962) 209 Cal. App. 2d 704, the appellant--in an earlier proceeding involving a different party--had filed a verified answer declaring that he had no interest in a particular parcel of property. (Muller v. Muller, supra, 209 Cal. App. 2d at p. 706.) In the subsequent lawsuit involving this same parcel of land, the appellant incorporated this disclaimer into the complaint. (Id. at p. 707.) The Muller court held: "There are no allegations in the complaint which would indicate how the title to the subject property has become vested in appellant since the filing of his disclaimer, or how he has now acquired an interest therein. The lack of such a showing is a bar to his present quiet title action. A pleader is bound by his own pleadings, under the doctrine of 'conclusiveness of pleadings.' " (Id. at pp. 707-708.)