CHAPTER 4. Quiet Title [760.010. - 765.060.]

Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15.

§§ 760.010–765.060 · 36 sections

1. ARTICLE 1. General Provisions §§ 760.010–760.060 · 6 sections

   • § 760.010 As used in this chapter: (a) “Claim” includes a legal or equitable right, title, estate, lien, or interest in property or cloud upon title. (b) “Property”…
   • § 760.020 (a) An action may be brought under this chapter to establish title against adverse claims to real or personal property or any interest therein. (b) An action…
   • § 760.030 (a) The remedy provided in this chapter is cumulative and not exclusive of any other remedy, form or right of action, or proceeding provided by law for…
   • § 760.040 (a) The superior court has jurisdiction of actions under this chapter. (b) The court has complete jurisdiction over the parties to the action and the property…
   • § 760.050 Subject to the power of the court to transfer actions, the proper county for the trial of an action under this chapter is: (a) Where the subject of the action…
   • § 760.060 The statutes and rules governing practice in civil actions generally apply to actions under this chapter except where they are inconsistent with the provisions…
2. ARTICLE 2. Commencement of Action §§ 761.010–761.040 · 4 sections

   • § 761.010 (a) An action under this chapter is commenced by filing a complaint with the court. (b) Immediately upon commencement of the action, the plaintiff shall file a…
   • § 761.020 The complaint shall be verified and shall include all of the following: (a) A description of the property that is the subject of the action. In the case of…
   • § 761.030 (a) The answer shall be verified and shall set forth: (1) Any claim the defendant has. (2) Any facts tending to controvert such material allegations of the…
   • § 761.040 (a) The defendant may by cross-complaint seek affirmative relief in the action. (b) If the defendant seeks a determination of title as of a date other than the…
3. ARTICLE 3. Defendants §§ 762.010–762.090 · 9 sections

   • § 762.010 The plaintiff shall name as defendants in the action the persons having adverse claims to the title of the plaintiff against which a determination is sought.
   • § 762.020 (a) If the name of a person required to be named as a defendant is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as…
   • § 762.030 (a) If a person required to be named as a defendant is dead and the plaintiff knows of a personal representative, the plaintiff shall join the personal…
   • § 762.040 The court upon its own motion may, and upon motion of any party shall, make such orders as appear appropriate: (a) For joinder of such additional parties as…
   • § 762.050 Any person who has a claim to the property described in the complaint may appear in the proceeding. Whether or not the person is named as a defendant in the…
   • § 762.060 (a) In addition to the persons required to be named as defendants in the action, the plaintiff may name as defendants “all persons unknown, claiming any legal…
   • § 762.070 A person named and served as an unknown defendant has the same rights as are provided by law in cases of all other defendants named and served, and the action…
   • § 762.080 The court upon its own motion may, and upon motion of any party shall, make such orders for appointment of guardians ad litem as appear necessary to protect…
   • § 762.090 (a) The state may be joined as a party to an action under this chapter. (b) This section does not constitute a change in, but is declaratory of, existing law.
4. ARTICLE 4. Service of Process §§ 763.010–763.040 · 4 sections

   • § 763.010 (a) The form, content, and manner of the service of summons shall be the same as in civil actions generally. (b) If upon affidavit it appears to the…
   • § 763.020 Whenever the court orders service by publication, the order is subject to the following conditions: (a) The plaintiff shall post, not later than 10 days after…
   • § 763.030 (a) Whenever the court orders service by publication, the publication may: (1) Name only the defendants to be served thereby. (2) Describe only the property in…
   • § 763.040 Whenever the court orders service by publication, the court before hearing the case shall require proof that the summons has been served, posted, published as…
5. ARTICLE 5. Judgment §§ 764.010–764.080 · 7 sections

   • § 764.010 The court shall examine into and determine the plaintiff’s title against the claims of all the defendants. The court shall not enter judgment by default but…
   • § 764.020 (a) If in an action under this chapter the validity or interpretation of a gift, devise, bequest, or trust, under a will or instrument purporting to be a will,…
   • § 764.030 The judgment in the action is binding and conclusive on all of the following persons, regardless of any legal disability: (a) All persons known and unknown who…
   • § 764.045 Except to the extent provided in Section 1908, the judgment does not affect a claim in the property or part thereof of any person who was not a party to the…
   • § 764.060 The relief granted in an action or proceeding directly or collaterally attacking the judgment in the action, whether based on lack of actual notice to a party…
   • § 764.070 Notwithstanding any other provision of this chapter, the judgment in the action is not binding or conclusive on the following: (a) The state, unless…
   • § 764.080 (a) In any action brought to quiet title to land that has been subject to an agreement entered into pursuant to Section 6307 or 6357 of the Public Resources…
6. ARTICLE 6. Liens and Encumbrances §§ 765.010–765.060 · 6 sections

   • § 765.010 (a) For purposes of this section: (1) “Harass” means engage in knowing and willful conduct that serves no legitimate purpose. (2) “Entity” includes both…
   • § 765.020 A petition under this article shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the…
   • § 765.030 If the court determines that the lien or other encumbrance is in violation of Section 765.010, the court shall issue an order striking and releasing the lien…
   • § 765.040 Any lien or encumbrance claimant who records or files, or directs another to record or file, a lawsuit, lien, or other encumbrance in violation of Section…
   • § 765.050 This article does not apply to a document which acts as a claim of encumbrance by a financial institution, as defined in subdivision (a) of Section 14161 of…
   • § 765.060 If a lien or other encumbrance is recorded or filed against a public officer or employee in violation of Section 765.010, the state or local agency that…