reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.6 - Cullen Earthquake Act › Section 751.54.

751.54. Summons, publication of notice, posting and related matters and procedures shall be governed by the provisions of Sections 751.05 through 751.10, inclusive, of the Code of Civil Procedure.
(Added by Stats. 1972, Ch. 936.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.6 - Cullen Earthquake Act › Section 751.55.

751.55. Upon the completion of the service, publication and posting of the summons, as may be required by this chapter, the court has complete jurisdiction over the parties plaintiff or plaintiffs and the entire real property described in the complaint as intended to be affected by the action, and over every entity having or claiming an estate, right, title or interest in or to, or lien upon, all or any part of the property, and shall be considered to have obtained the possession and control of the property for the purposes of the action with complete jurisdiction to render the judgment provided for in this chapter.
(Added by Stats. 1972, Ch. 936.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.6 - Cullen Earthquake Act › Section 751.56.

751.56. (a) An answer to the complaint must be served within 90 days after the first publication of the notice, or such further time not exceeding 30 days, as the court for good cause may grant.
(b) An answer must:
(1) Specifically set out the particulars in which the claimant’s estate, right, title, or interest in or to, or lien upon all or any part of the property is different from, or greater than, the interest of the claimant as it is described in the complaint.
(2) Be confined to rights based on events occurring at the time of, or since the time of the disaster.
(c) To whatever extent, if at all, the answering party has rights against anyone whatsoever, based upon facts or events which occurred before the disaster, the claims shall remain unaffected by the action brought under this chapter and shall be assertable subsequent to the conclusion of the action at any time and in any manner permitted by law, notwithstanding the judgment granted in this action, recognizing however the finality of this judgment as to the consequences, with respect to land boundaries as applicable to land in the disaster area.
(Added by Stats. 1972, Ch. 936.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.6 - Cullen Earthquake Act › Section 751.57.

751.57. A party to an action authorized by this chapter may file a notice of the pendency of the action in the form and at the place and with the effects specified by law.
(Added by Stats. 1972, Ch. 936.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.6 - Cullen Earthquake Act › Section 751.58.

751.58. The vacating of streets, highways or other public ways within or abutting the area affected by the disaster, in whole or in part, by the voluntary action of the governmental agency under whose jurisdiction the streets, highways, or ways are vested, for the purpose of making it possible for the court to mitigate the hardships suffered by entities because of the change in land boundaries caused by the disaster can be accomplished by the affected governmental agency expressing the offer in the proceedings followed by the court’s acceptance thereof in an action authorized by this chapter, without complying with any other formalities of law.
(Added by Stats. 1972, Ch. 936.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.6 - Cullen Earthquake Act › Section 751.59.

751.59. In an action of the type authorized by this chapter, judgment shall not be given by default, but the court must require proof of the facts alleged in the complaint and other pleadings.
(Added by Stats. 1972, Ch. 936.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.6 - Cullen Earthquake Act › Section 751.60.

751.60. The judgment shall:
(a) Determine the land boundaries of each parcel of land located within the entire area of real property sought to be affected by the action, whether owned publicly or privately, as fixed by the disaster, except as these boundaries have been judicially and equitably readjusted and as liberalized by judicial equitable allocation of lands voluntarily vacated by a city, county or the state under this act.
(b) Determine the entity or entities having estates, rights, titles, interests and claims in and to each parcel, whether legal or equitable, present or future, vested or contingent, or whether they consist of mortgages or liens of any description.
(c) Approve and direct the proper filing of an official map covering the entire area of real property sought to be affected by the action, as a substitute for the plat maps previously filed, but rendered inaccurate by the disaster.
(Added by Stats. 1972, Ch. 936.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.6 - Cullen Earthquake Act › Section 751.61.

751.61. In reaching the conclusions called for by Section 751.60, the court shall give effect to the changes in land boundaries caused by the disaster, mitigated, however, so far as can equitably be done by adjustment of land boundaries and by allocating to contiguous lots parts of the land released by a city, county or the state by its voluntary vacation of areas formerly constituting public ways, which vacatings of streets shall be approved by the judgment.
(Added by Stats. 1972, Ch. 936.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.6 - Cullen Earthquake Act › Section 751.62.

751.62. The judgment shall be conclusive with respect to land boundaries upon every entity who at the commencement of the action had or claimed an estate, right, title or interest in or to or lien upon a part of the entire area of real property described in the complaint as intended to be affected by the action, and upon every entity claiming under any such person by title subsequent to the commencement of the action.
(Added by Stats. 1972, Ch. 936.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.6 - Cullen Earthquake Act › Section 751.63.

751.63. A certified copy of the judgment shall be recorded, at the expense of the plaintiff or plaintiffs in the action, in the office of the recorder of the county in which the affected land is situated and shall constitute constructive notice of the findings therein and of the official plat or plats referred to therein, which findings and plats shall supersede and control all prior plats, maps and documents to the extent inconsistent therewith.
(Added by Stats. 1972, Ch. 936.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.6 - Cullen Earthquake Act › Section 751.64.

751.64. The remedies provided for by this chapter are cumulative and in addition to any other remedy provided by law for quieting or establishing title to real property or the boundaries of it.
(Added by Stats. 1972, Ch. 936.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 1 - General Provisions › Section 760.010.

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” includes real property, and to the extent applicable, personal property.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 1 - General Provisions › Section 760.020.

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 may be brought under this chapter by parties to an agreement entered into pursuant to Section 6307 or 6357 of the Public Resources Code to confirm the validity of the agreement.
(c) Nothing in this section shall be construed to limit the right of members of the public to bring or participate in actions challenging the validity of agreements entered into pursuant to Section 6307 or 6357 of the Public Resources Code.
(Amended by Stats. 1989, Ch. 1045, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 1 - General Provisions › Section 760.030.

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 establishing or quieting title to property.
(b) In an action or proceeding in which establishing or quieting title to property is in issue the court in its discretion may, upon motion of any party, require that the issue be resolved pursuant to the provisions of this chapter to the extent practicable.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 1 - General Provisions › Section 760.040.

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 described in the complaint and is deemed to have obtained possession and control of the property for the purposes of the action with complete jurisdiction to render the judgment provided for in this chapter.
(c) Nothing in this chapter limits any authority the court may have to grant such equitable relief as may be proper under the circumstances of the case.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 1 - General Provisions › Section 760.050.

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 is real property or real and personal property, the county in which the real property, or some part thereof, is located.
(b) Where the subject of the action is personal property, the county in which the personal property is principally located at the commencement of the action or in which the defendants, or any of them, reside at the commencement of the action.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 1 - General Provisions › Section 760.060.

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 of this chapter.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 2 - Commencement of Action › Section 761.010.

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 notice of the pendency of the action in the office of the county recorder of each county in which any real property described in the complaint is located.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 2 - Commencement of Action › Section 761.020.

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 tangible personal property, the description shall include its usual location. In the case of real property, the description shall include both its legal description and its street address or common designation, if any.
(b) The title of the plaintiff as to which a determination under this chapter is sought and the basis of the title. If the title is based upon adverse possession, the complaint shall allege the specific facts constituting the adverse possession.
(c) The adverse claims to the title of the plaintiff against which a determination is sought.
(d) The date as of which the determination is sought. If the determination is sought as of a date other than the date the complaint is filed, the complaint shall include a statement of the reasons why a determination as of that date is sought.
(e) A prayer for the determination of the title of the plaintiff against the adverse claims.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 2 - Commencement of Action › Section 761.030.

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 complaint as the defendant does not wish to be taken as true.
(3) A statement of any new matter constituting a defense.
(b) If the defendant disclaims in the answer any claim, or suffers judgment to be taken without answer, the plaintiff shall not recover costs.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 2 - Commencement of Action › Section 761.040.

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 date specified in the complaint, the cross-complaint shall include the date and a statement of the reasons why a determination as of that date is sought.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 3 - Defendants › Section 762.010.

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.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 3 - Defendants › Section 762.020.

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 parties all persons unknown in the manner provided in Section 762.060.
(b) If the claim or the share or quantity of the claim of a person required to be named as a defendant is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to the claim had the contingency upon which the claim depends occurred prior to the commencement of the action.
(Amended by Stats. 2023, Ch. 260, Sec. 7. (SB 345) Effective January 1, 2024.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 3 - Defendants › Section 762.030.

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 representative as a defendant.
(b) If a person required to be named as a defendant is dead, or is believed by the plaintiff to be dead, and the plaintiff knows of no personal representative:
(1) The plaintiff shall state these facts in an affidavit filed with the complaint.
(2) Where it is stated in the affidvit that such person is dead, the plaintiff may join as defendants “the testate and intestate successors of ____ (naming the deceased person), deceased, and all persons claiming by, through, or under such decedent,” naming them in that manner.
(3) Where it is stated in the affidavit that such person is believed to be dead, the plaintiff may join the person as a defendant, and may also join “the testate and intestate successors of ____ (naming the person) believed to be deceased, and all persons claiming by, through, or under such person,” naming them in that manner.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 3 - Defendants › Section 762.040.

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 are necessary or proper.
(b) Requiring the plaintiff to procure a title report and designate a place where it shall be kept for inspection, use, and copying by the parties.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 3 - Defendants › Section 762.050.

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 complaint, the person shall appear as a defendant.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 3 - Defendants › Section 762.060.

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 or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to plaintiff’s title, or any cloud upon plaintiff’s title thereto,” naming them in that manner.
(b) In an action under this section, the plaintiff shall name as defendants the persons having adverse claims that are of record or known to the plaintiff or reasonably apparent from an inspection of the property.
(c) If the plaintiff admits the validity of any adverse claim, the complaint shall so state.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 3 - Defendants › Section 762.070.

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 shall proceed against unknown defendants in the same manner as against other defendants named and served, and with the same effect.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 3 - Defendants › Section 762.080.

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 the interest of any party.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 3 - Defendants › Section 762.090.

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.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 4 - Service of Process › Section 763.010.

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 satisfaction of the court that the plaintiff has used reasonable diligence to ascertain the identity and residence of and to serve summons on the persons named as unknown defendants and persons joined as testate or intestate successors of a person known or believed to be dead, the court shall order service by publication pursuant to Section 415.50 and the provisions of this article. The court may, in its discretion, appoint a referee to investigate whether the plaintiff has used reasonable diligence to ascertain the identity and residence of persons sought to be served by publication, and the court may rely on the report of the referee instead of the affidavit of the plaintiff in making the order for service by publication.
(c) Nothing in this section authorizes service by publication upon any person named as an unknown defendant who is in open and actual possession of the property.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 4 - Service of Process › Section 763.020.

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 the date the order is made, a copy of the summons and complaint in a conspicuous place on the real property that is the subject of the action.
(b) The plaintiff shall record, if not already recorded, a notice of the pendency of the action.
(c) The publication shall describe the property that is the subject of the action. In addition to particularly describing the property, the publication shall describe the property by giving its street address, if any, or other common designation, if any; but, if a legal description of the property is given, the validity of the publication shall not be affected by the fact that the street address or other common designation recited is erroneous or that the street address or other common designation is omitted.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 4 - Service of Process › Section 763.030.

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 which the defendants to be served thereby claim interests.
(b) Judgment against a defendant who fails to appear and answer following service under this section shall be conclusive against the defendant named in respect only to property described in the publication.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 4 - Service of Process › Section 763.040.

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 required, and that the notice of pendency of action has been filed.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 5 - Judgment › Section 764.010.

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 shall in all cases require evidence of plaintiff’s title and hear such evidence as may be offered respecting the claims of any of the defendants, other than claims the validity of which is admitted by the plaintiff in the complaint. The court shall render judgment in accordance with the evidence and the law.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 5 - Judgment › Section 764.020.

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, whether admitted to probate or not, is involved:
(1) The will or instrument purporting to be a will is admissible in evidence.
(2) All questions concerning the validity of the gift, devise, bequest, or trust shall be finally determined in the action.
(3) If the will has been admitted to probate and the gift, devise, bequest, or trust has been interpreted by a final decree of the probate court, the interpretation is conclusive as to the proper construction thereof.
(b) Nothing in this section deprives a party of the right to a jury trial in any case where, by law, the right is now given.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 5 - Judgment › Section 764.030.

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 were parties to the action and who have any claim to the property, whether present or future, vested or contingent, legal or equitable, several or undivided.
(b) Except as provided in Section 764.045, all persons who were not parties to the action and who have any claim to the property which was not of record at the time the lis pendens was filed or, if none was filed, at the time the judgment was recorded.
(Amended by Stats. 1984, Ch. 20, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 5 - Judgment › Section 764.045.

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 action if any of the following conditions is satisfied:
(a) The claim was of record at the time the lis pendens was filed or, if none was filed, at the time the judgment was recorded.
(b) The claim was actually known to the plaintiff or would have been reasonably apparent from an inspection of the property at the time the lis pendens was filed or, if none was filed, at the time the judgment was entered. Nothing in this subdivision shall be construed to impair the rights of a bona fide purchaser or encumbrancer for value dealing with the plaintiff or the plaintiff’s successors in interest.
(Added by Stats. 1984, Ch. 20, Sec. 3.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 5 - Judgment › Section 764.060.

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 or otherwise, shall not impair the rights of a purchaser or encumbrancer for value of the property acting in reliance on the judgment without knowledge of any defects or irregularities in the judgment or the proceedings.
(Added by Stats. 1980, Ch. 44, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 5 - Judgment › Section 764.070.

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 individually joined as a party to the action.
(b) The United States, unless the United States is individually joined as a party to the action and federal law authorizes judgment in the action to be binding or conclusive as to its interests.
(Amended by Stats. 1986, Ch. 271, Sec. 2.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 5 - Judgment › Section 764.080.

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 Code, at the time set for trial the court shall, at the request of any party, receive evidence on the nature of the agreement. After receiving that evidence, the court shall render a statement of decision. In the case of an agreement pursuant to Section 6357, the statement of decision shall include a recitation of the underlying facts and a determination whether the agreement meets the criteria of Section 6357 and other law applicable to the validity of boundary line agreements. In the case of an agreement pursuant to Section 6307, the statement of decision shall recite the relevant facts and shall contain a determination whether the requirements of Section 6307 of the Public Resources Code, Sections 3 and 4 of Article 10 of the California Constitution, and other applicable law have been met. If the court finds the agreement to be valid, the judgment in the action shall quiet title in the parties named in the agreement in accordance with the agreement. If the judgment is entered prior to the effective date of the agreement, the judgment shall provide that, upon the effective date, title is quieted in the parties in accordance with the agreements. However, no action may be brought pursuant to this section until the State Lands Commission has approved the agreement following a public hearing. All such actions shall be set on the trial calendar within one year from the filing of a memorandum to set, unless the court extends this time for good cause.
(b) Nothing in this section shall be construed to limit the right of members of the public to bring or participate in actions challenging the validity of agreements entered into pursuant to Section 6307 or 6357 of the Public Resources Code. Any action brought by a member of the public shall be set on the trial calendar within one year from the filing of a memorandum to set, unless the court extends this time for good cause.
(Added by Stats. 1989, Ch. 1045, Sec. 2.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 6 - Liens and Encumbrances › Section 765.010.

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 governmental and private entities.
(b)  A person shall not file or record, or direct another to file or record, a lawsuit, lien, or other encumbrance, including a notice of lis pendens, against another person or entity knowing it is false, with the intent to harass the person or entity or to influence or hinder the person in discharging his or her official duties if the person is a public officer or employee.
(c) (1) A person or entity whose property is subject to a lien or encumbrance in violation of this section may petition the superior court of the county in which the person or entity resides or in which the property is located for an order, which may be granted ex parte, directing the lien or other encumbrance claimant to appear at a hearing before the court and show cause why the lien or other encumbrance should not be stricken and other relief provided by this article should not be granted.
(2) The court shall schedule the hearing no earlier than 14 days after the date of the order. The scheduled date of the hearing shall allow adequate time for notice of the hearing.
(Repealed and added by Stats. 2015, Ch. 208, Sec. 2. (AB 1267) Effective January 1, 2016.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 6 - Liens and Encumbrances › Section 765.020.

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 petitioner’s attorney setting forth a concise statement of the facts upon which the motion is based.
The petition and affidavit shall be in substantially the form prescribed by the Judicial Council.
(Added by Stats. 1998, Ch. 779, Sec. 2. Effective January 1, 1999.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 6 - Liens and Encumbrances › Section 765.030.

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 or other encumbrance and may award costs and reasonable attorney’s fees to the petitioner to be paid by the lien or other encumbrance claimant. If the court determines that the lien or other encumbrance is valid, the court shall issue an order so stating and may award costs and reasonable attorney’s fees to the encumbrance claimant to be paid by the petitioner. The court may direct that an order issued pursuant to this section be recorded.
(Amended by Stats. 2016, Ch. 86, Sec. 25. (SB 1171) Effective January 1, 2017.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 6 - Liens and Encumbrances › Section 765.040.

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 765.010 shall be liable to the person subject to the lawsuit or the owner of the property bound by the lien or other encumbrance for a civil penalty of up to five thousand dollars ($5,000).
(Amended by Stats. 2015, Ch. 208, Sec. 4. (AB 1267) Effective January 1, 2016.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 6 - Liens and Encumbrances › Section 765.050.

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 the Penal Code or Section 481.113 of this code, or a public entity, as defined in Section 481.200 of this code.
(Added by Stats. 1998, Ch. 779, Sec. 2. Effective January 1, 1999.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4 - Quiet Title › ARTICLE 6 - Liens and Encumbrances › Section 765.060.

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 employs the public officer or employee may provide counsel for the public officer or employee in an action brought pursuant to that section.
(Amended by Stats. 2015, Ch. 208, Sec. 5. (AB 1267) Effective January 1, 2016.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.5 - Special Actions and Proceedings to Clear Title › ARTICLE 1 - Identity of Person in Chain of Title › Section 770.010.

770.010. As used in this article:
(a) “Acquired” means received or taken by conveyance, judgment, decree, or otherwise.
(b) “Property” means any right, title, or interest in or lien upon real property or part thereof.
(c) “Subsequent owner” means the person to whom property is transferred whether as owner, part owner, or otherwise, or the successors in interest of the person, and includes a distributee of the estate of a decedent.
(d) “Transfer” means voluntary or involuntary transfer and includes a conveyance, reconveyance, satisfaction of a lien, or divestment by judgment, decree, or otherwise. The probate of the estate of a decedent and entry of the decree of distribution is a transfer within the meaning of this subdivision.
(Added by Stats. 1980, Ch. 44, Sec. 16.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.5 - Special Actions and Proceedings to Clear Title › ARTICLE 1 - Identity of Person in Chain of Title › Section 770.020.

770.020. If property is acquired or stands of record in the name of a person who heretofore or hereafter transfers the property under a name other than or different from the name in which the property is acquired or stands of record, a proceeding is authorized to adjudicate and determine the identity of the person in whose name the property is acquired or stands of record and the person who transfers the property.
(Added by Stats. 1980, Ch. 44, Sec. 16.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.5 - Special Actions and Proceedings to Clear Title › ARTICLE 1 - Identity of Person in Chain of Title › Section 770.030.

770.030. The proceeding shall be brought in the superior court of the county in which the property or any part thereof is situated.
(Added by Stats. 1980, Ch. 44, Sec. 16.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.5 - Special Actions and Proceedings to Clear Title › ARTICLE 1 - Identity of Person in Chain of Title › Section 770.040.

770.040. (a) The proceeding may be brought by a subsequent owner of the property by filing a petition with the court.
(b) At any time before the date fixed for the hearing of the petition, any person interested in the property may answer the petition and deny any of the matters contained therein.
(Added by Stats. 1980, Ch. 44, Sec. 16.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.5 - Special Actions and Proceedings to Clear Title › ARTICLE 1 - Identity of Person in Chain of Title › Section 770.050.

770.050. (a) The petition shall be verified in the manner provided for verification of a complaint.
(b) The petition may be substantially entitled, “In the matter of the determination of the identity of ____” (naming all the persons sought to be identified), and may set forth:
(1) A statement of petitioner’s interest in the property as subsequent owner.
(2) A particular description of the property.
(3) The name or names of the person or persons sought to be identified, setting out the name and a reference to the record of the transaction under which the property was acquired or stands of record and the name and a reference to the record of the transaction under which the property was transferred or stands of record, that the names are the names of the same person, and that the transfers affect the petitioner’s title to the real property.
(4) A prayer that the identity of such persons be established.
(c) As many persons sought to be identified as appear of record in the chain of title to the property may be joined in one petition or proceeding.
(Added by Stats. 1980, Ch. 44, Sec. 16.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.5 - Special Actions and Proceedings to Clear Title › ARTICLE 1 - Identity of Person in Chain of Title › Section 770.060.

770.060. (a) Upon the filing of the petition, the clerk shall set the petition for hearing by the court.
(b) The petitioner shall give notice of the hearing by causing notices of the time and place of hearing to be posted at the courthouse of the county where the proceeding is pending and in a conspicuous place on the real property described in the petition, at least 10 days before the hearing.
(c) The special notice shall be substantially in the following form:
(Title of court and cause)
Notice is hereby given that ____ has filed a petition herein claiming to be the owner (or distributee) of the following described lands ____ (description) and praying that the identity of the following-named persons, in former conveyances (or judgments or decrees) to said lands or in decrees of distribution of said lands in probate be determined, to wit: ________ (names as J. Doe and John Doe); and that the time and place of hearing said petition has been set for ____ the ____ day of ____, 19__, at the hour of ____, __m. of said day at the courtroom of said court in the City of ____, County of ____, State of California.
_____ Clerk
(Added by Stats. 1980, Ch. 44, Sec. 16.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.5 - Special Actions and Proceedings to Clear Title › ARTICLE 1 - Identity of Person in Chain of Title › Section 770.070.

770.070. (a) At the time fixed for the hearing or such time thereafter as may be fixed by the court, the court shall hear the proofs offered by the petitioner and by any persons answering the petition, and shall make and enter a decree determining the identity of the person or persons set out in the petition in accordance with the proofs.
(b) An appeal may be taken by any party aggrieved.
(Added by Stats. 1980, Ch. 44, Sec. 16.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.5 - Special Actions and Proceedings to Clear Title › ARTICLE 1 - Identity of Person in Chain of Title › Section 770.080.

770.080. (a) After the decree has become final it constitutes prima facie evidence of the matters thereby determined and it is presumed that the identity of the person or persons described in the decree is such as is stated in the decree.
(b) A certified copy of the decree shall be recorded in the office of the county recorder of every county in which any part of the property is situated.
(Added by Stats. 1980, Ch. 44, Sec. 16.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.5 - Special Actions and Proceedings to Clear Title › ARTICLE 2 - Land Dedicated for Public Improvement › Section 771.010.

771.010. If a proposal is heretofore or hereafter made to dedicate real property for public improvement, there is a conclusive presumption that the proposed dedication was not accepted if all of the following conditions are satisfied:
(a) The proposal was made by filing a map only.
(b) No acceptance of the dedication was made and recorded within 25 years after the map was filed.
(c) The real property was not used for the purpose for which the dedication was proposed within 25 years after the map was filed.
(d) The real property was sold to a third person after the map was filed and used as if free of the dedication.
(Added by Stats. 1980, Ch. 44, Sec. 16.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.5 - Special Actions and Proceedings to Clear Title › ARTICLE 2 - Land Dedicated for Public Improvement › Section 771.020.

771.020. (a) An action is authorized to clear title to real property of a proposal to dedicate the property for public improvement if there is a conclusive presumption pursuant to Section 771.010 that the proposed dedication was not accepted.
(b) The action shall be pursuant to Chapter 4 (commencing with Section 760.010) and shall have the following features:
(1) The public entity to which the dedication was proposed shall be named as defendant.
(2) The judgment in the action shall clear the title of the proposed dedication and remove the cloud created by the proposed dedication.
(Added by Stats. 1980, Ch. 44, Sec. 16.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.5 - Special Actions and Proceedings to Clear Title › ARTICLE 3 - Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease › Section 772.010.

772.010. This article applies only to lands within a city in any county with a population exceeding 4,000,000, or with a population of more than 700,000 and less than 710,000 as determined by the 1960 Federal Decennial Census.
(Added by Stats. 1980, Ch. 44, Sec. 16.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.5 - Special Actions and Proceedings to Clear Title › ARTICLE 3 - Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease › Section 772.020.

772.020. As used in this article:
(a) “Surface zone” means the zone which lies above a plane which is 500 feet below the surface of the land.
(b) “Subject land” means that area occupied by the particular described surface and surface zone for which plaintiff seeks to terminate the leasehold right of entry and occupation.
(c) “Lease facilities” means storage tanks, wash tanks, separators, heaters, and other facilities reasonably necessary for the production of oil or gas, including secondary recovery operations.
(Added by Stats. 1980, Ch. 44, Sec. 16.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 4.5 - Special Actions and Proceedings to Clear Title › ARTICLE 3 - Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease › Section 772.030.

772.030. (a) If a mining rights lease, including a community lease, exists for the production of oil, gas, or other hydrocarbons, and a right of entry or occupation provided by the lease encumbers all or part of the surface or surface zone of the leasehold lands, any person who owns a fee interest in the surface of the leasehold lands may bring an action in the superior court to terminate the right of entry or occupation as to all or some described portion of the surface and surface zone of the leasehold lands in which the person owns an interest.
(b) No judgment rendered pursuant to this article shall change or affect the terms or operation of any valid unit agreement or valid operating agreement which comes within the provisions of Section 3301 or 3321 of the Public Resources Code.
(Added by Stats. 1980, Ch. 44, Sec. 16.)