reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 1 - Actions for the Foreclosure of Mortgages › Section 729.070.

729.070. (a) If the purchaser and the person seeking to redeem the property disagree on the redemption price or as to whether the person is entitled to redeem the property, or if the purchaser refuses the tender of the redemption price pursuant to Section 729.080, the person seeking to redeem may file a petition with the court for an order determining the redemption price or whether the person is entitled to redeem the property. The petition shall be filed before the expiration of the redemption period. At the time the petition is filed, the petitioner shall deposit the undisputed amount of the redemption price with the levying officer, if deposit has not previously been made, and give written notice to the levying officer or trustee of the filing of the petition.
(b) The petition shall be in writing and shall include the following statements:
(1) The amounts demanded to which the person seeking to redeem objects and the reasons for the objection.
(2) Any amounts offset to which the purchaser objects and the justification for the offset.
(3) The status of the petitioner that qualifies the petitioner to redeem the property. A copy of the papers required by subdivision (a) of Section 729.060 shall be filed with the petition.
(c) The hearing on the petition shall be held not later than 20 days after the date the petition was filed unless continued by the court for good cause.
(d) Not less than 10 days before the hearing, the person seeking to redeem the property shall personally serve on the purchaser a copy of the petition together with a notice of the time and place of the hearing.
(e) At the hearing on the petition, the person seeking to redeem the property has the burden of proof.
(f) At the conclusion of the hearing, the court shall determine by order the amount required to redeem the property. The determination shall be made upon affidavit or evidence satisfactory to the court.
(g) If an amount in addition to that deposited with the levying officer is required to redeem the property, the person seeking to redeem shall, within 10 days after the issuance of the order, pay the additional amount to the levying officer.
(Amended by Stats. 2006, Ch. 575, Sec. 8. Effective January 1, 2007.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 1 - Actions for the Foreclosure of Mortgages › Section 729.080.

729.080. (a) If the redemption price is not deposited pursuant to Section 729.060 before the expiration of the redemption period, or if no additional deposit is made pursuant to subdivision (g) of Section 729.070 before the expiration of the time provided, the levying officer who conducted the sale shall promptly execute and deliver to the purchaser a deed of sale that complies with the requirements of Section 701.670, or the nonjudicial foreclosure trustee pursuant to Section 729.035 shall deliver an executed trustee’s deed and comply with the requirements of Section 2924j of the Civil Code.
(b) If the person seeking to redeem the property deposits the redemption price pursuant to Section 729.060 or 729.070 during the redemption period, the levying officer shall tender the deposit to the purchaser. If the purchaser accepts the tender or if the redemption price determined by court order is tendered, the levying officer or trustee shall promptly execute and deliver a certificate of redemption to the person seeking to redeem and shall immediately record a duplicate of the certificate in the office of the recorder of the county where the property is located.
(c) Tender of the redemption price determined by court order or agreed upon by the purchaser and the person seeking to redeem the property is equivalent to payment. If the tender is refused, the levying officer shall deposit the amount tendered with the county treasurer of the county where the property is located, payable to the order of the purchaser. If the amount deposited is not claimed by the purchaser, or the legal representative of the purchaser, within five years after the deposit is made, by making application to the treasurer or other official designated by the county, it shall be paid into the general fund of the county.
(d) Except as provided in subdivision (e), upon redemption the effect of the sale is terminated and the person who redeemed the property is restored to the estate therein sold at the sale.
(e) Liens extinguished by the sale, as provided in Section 701.630, do not reattach to the property after redemption, and the property that was subject to the extinguished lien may not be applied to the satisfaction of the claim or judgment under which the lien was created.
(Amended by Stats. 2006, Ch. 575, Sec. 9. Effective January 1, 2007.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 1 - Actions for the Foreclosure of Mortgages › Section 729.090.

729.090. (a) From the time of the sale until a redemption, the purchaser is entitled to receive from the person in possession the rents and profits from the property or the value of the use and occupation of the property.
(b) Notwithstanding subdivision (a), the purchaser is liable to the person who redeems for any rents or profits that have been received by the purchaser pursuant to subdivision (a).
(c) The purchaser, from the time of sale until redemption, is entitled to enter the property during reasonable hours to repair and maintain the premises and is entitled to an order restraining waste on the property from the court. Such order may be granted with or without notice in the discretion of the court.
(Added by Stats. 1982, Ch. 497, Sec. 56. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 1 - Actions for the Foreclosure of Mortgages › Section 730.

730. In all cases of foreclosure of mortgage the attorney’s fee shall be fixed by the court in which the proceedings are had, any stipulation in the mortgage to the contrary notwithstanding.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 1 - Actions for the Foreclosure of Mortgages › Section 730.5.

730.5. Except as otherwise provided by Section 9604 of the Commercial Code, none of the provisions of this chapter or of Section 580a, 580b, 580c, or 580d applies to any security interest in personal property or fixtures governed by the Commercial Code.
(Amended by Stats. 1999, Ch. 991, Sec. 25. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 2 - Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property › Section 731.

731. An action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by a nuisance, as defined in Section 3479 of the Civil Code, and by the judgment in that action the nuisance may be enjoined or abated as well as damages recovered therefor. A civil action may be brought in the name of the people of the State of California to abate a public nuisance, as defined in Section 3480 of the Civil Code, by the district attorney or county counsel of any county in which the nuisance exists, or by the city attorney of any town or city in which the nuisance exists. Each of those officers shall have concurrent right to bring an action for a public nuisance existing within a town or city. The district attorney, county counsel, or city attorney of any county or city in which the nuisance exists shall bring an action whenever directed by the board of supervisors of the county, or whenever directed by the legislative authority of the town or city.
(Amended by Stats. 2010, Ch. 570, Sec. 2. (AB 1502) Effective January 1, 2011.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 2 - Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property › Section 731a.

731a. Whenever any city, city and county, or county shall have established zones or districts under authority of law wherein certain manufacturing or commercial or airport uses are expressly permitted, except in an action to abate a public nuisance brought in the name of the people of the State of California, no person or persons, firm or corporation shall be enjoined or restrained by the injunctive process from the reasonable and necessary operation in any such industrial or commercial zone or airport of any use expressly permitted therein, nor shall such use be deemed a nuisance without evidence of the employment of unnecessary and injurious methods of operation. Nothing in this act shall be deemed to apply to the regulation and working hours of canneries, fertilizing plants, refineries and other similar establishments whose operation produce offensive odors.
(Amended by Stats. 1959, Ch. 795.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 2 - Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property › Section 731b.

731b. In any action or proceeding to abate the use of an airport or an airpark, proof that the airport or airpark has been in existence for three years constitutes a rebuttable presumption which shall be prima facie evidence that the operation of the airport or airpark does not constitute a nuisance.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 2 - Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property › Section 731c.

731c. Injury to formations bearing oil or gas or to oil or gas wells caused by the subsurface migration of any substance as a result of secondary recovery operations for oil or gas conducted in accordance with good oilfield practices shall not be grounds for enjoining the secondary recovery operations if an undertaking is given for the payment of any compensable damages to which the owners of interests in the formations or wells may be entitled resulting from the injury. Any benefit to the injured property from the secondary recovery operation shall be considered in mitigation of damages for the injury.
(Amended by Stats. 1982, Ch. 517, Sec. 154.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 2 - Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property › Section 731.5.

731.5. Whenever any person unlawfully closes any public trail, any person who uses such trail or would use such trail, and any association, corporation or other entity whose membership as a whole is adversely affected by such closure may bring an action to enjoin such closure.
The prevailing party in such action shall be entitled to recover reasonable attorney’s fees, in addition to court costs.
As used in this section, a public trail is any trail to which the public in general has a right of access, which right is established pursuant to a recorded document conveying to a political corporation or governmental agency, specifying the nature of such public trail, specifically describing the location thereof, and naming the record owners of the real property over which such trail exists if created by a license, permit or easement. It includes, but is not limited to, pedestrian, equestrian, and boating trails, but does not include any public street, road, or highway.
(Added by Stats. 1979, Ch. 682.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 2 - Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property › Section 732.

732. If a guardian, conservator, tenant for life or years, joint tenant, or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages.
(Amended by Stats. 1979, Ch. 730.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 2 - Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property › Section 733.

733. Any person who cuts down or carries off any wood or underwood, tree, or timber, or girdles or otherwise injures any tree or timber on the land of another person, or on the street or highway in front of any person’s house, village, or city lot, or cultivated grounds; or on the commons or public grounds of any city or town, or on the street or highway in front thereof, without lawful authority, is liable to the owner of such land, or to such city or town, for treble the amount of damages which may be assessed therefor, in a civil action, in any Court having jurisdiction.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 2 - Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property › Section 734.

734. Nothing in the last section authorizes the recovery of more than the just value of the timber taken from uncultivated woodland for the repair of a public highway or bridge upon the land, or adjoining it.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 2 - Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property › Section 735.

735. If a person recover damages for a forcible or unlawlful entry in or upon, or detention of any building or any cultivated real property, judgment may be entered for three times the amount at which the actual damages are assessed.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3 - Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property › Section 740.

740. In an action for the recovery of property, where the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plaintiff may recover damages for withholding the property.
(Amended by Stats. 1907, Ch. 363.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3 - Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property › Section 741.

741. (a) As used in this section, “good faith improver” has the meaning given that term by Section 871.1.
(b) When damages are claimed for withholding the property recovered, and improvements have been made on the property by a defendant or his predecessor in interest as a good faith improver, the amount by which such improvements enhance the value of the land must be allowed as a setoff against such damages.
(Amended by Stats. 1968, Ch. 150.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3 - Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property › Section 742.

742. The Court in which an action is pending for the recovery of real property, or for damages for an injury thereto, or a Judge thereof may, on motion, upon notice by either party for good cause shown, grant an order allowing to such party the right to enter upon the property and make survey and measurement thereof, and of any tunnels, shafts, or drifts therein, for the purpose of the action, even though entry for such purpose has to be made through other lands belonging to parties to the action.
(Amended by Code Amendments 1880, Ch. 22.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3 - Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property › Section 743.

743. The order must describe the property, and a copy thereof must be served on the owner or occupant; and thereupon such party may enter upon the property, with necessary surveyors and assistants, and make such survey and measurement; but if any unnecessary injury be done to the property he is liable therefor.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3 - Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property › Section 744.

744. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3 - Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property › Section 745.

745. The court may, by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property:
(a) During the foreclosure of a mortgage on the property.
(b) After levy on the property and before the possession of the property is transferred pursuant to sale under the levy.
(Amended by Stats. 1982, Ch. 497, Sec. 57. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3 - Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property › Section 746.

746. When real property has been sold pursuant to a levy, the purchaser of the property, or any person who has succeeded to the interest of the purchaser, may recover damages from the person causing the injury for injury to the property after levy and before possession is delivered to the purchaser or the person who has succeeded to the interest of the purchaser.
(Amended by Stats. 1982, Ch. 497, Sec. 58. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3 - Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property › Section 747.

747. An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3 - Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property › Section 748.

748. In actions respecting mining claims, proof must be admitted of the customs, usages, or regulations established and in force at the bar or diggings embracing such claim; and such customs, usages, or regulations, when not in conflict with the laws of this State, must govern the decision of the action.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3 - Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property › Section 749.

749. (a) In an action for damages by a homeowner or trustor against a beneficiary of a trust deed on real property consisting of a single-family residence containing not more than four dwelling units, or against an assignee or successor in interest thereof, wherein it is established the trust deed was forged in whole or in part by the beneficiary, judgment may be entered for three times the amount at which the actual damages are assessed.
(b) An assignee or successor in interest of a beneficiary or a transferee of a prior assignee or of a prior successor in interest shall not be subject to treble damages unless it is established that the person purchased or obtained the deed of trust with actual knowledge of the forgery of the deed of trust.
(c) This section shall not apply to any person who does not purchase and sell four or more deeds of trust in any calendar year.
(d) This section shall not limit or affect the availability of punitive damages, if any, to the injured party.
(e) This section shall apply to any action filed on or after July 1, 1983, provided that any action filed prior to the effective date of this section is pending at that time in the court of original jurisdiction.
(Added by Stats. 1984, Ch. 1397, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3 - Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property › Section 749.5.

749.5. (a) In an action for damages by an assignee or a successor in interest against a beneficiary of a trust deed on real property consisting of a single-family residence containing not more than four dwelling units, wherein it is established the trust deed was forged in whole or in part by the beneficiary, judgment may be entered for three times the amount at which the actual damages are assessed.
(b) This section shall not apply to any person who does not purchase and sell four or more deeds of trust in any calendar year.
(c) This section shall not limit or affect the availability of punitive damages, if any, to the injured party.
(d) This section shall apply to any action filed on or after January 1, 1984.
(Added by Stats. 1984, Ch. 1397, Sec. 2.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.02.

751.02. Whenever the public records in the office of the county recorder of any county are lost or destroyed in whole or in any material part by flood, fire, earthquake, enemy attack, or from any other cause, any person who claims an estate of inheritance or for life in, and who is by himself, or his tenant or other person holding under him in the actual and peaceable possession of, any real property in the county may bring and maintain an action in rem against all the world, in the superior court for the county in which such real property is situate, to establish his title to such property and to determine all adverse claims thereto.
Such action may also be brought in the county in which the real property is situate if any real property is in another county, but was formerly in the county of which all or a material part of the records were so lost or destroyed, and if the lost or destroyed records included all or a material part of the public records in the office of the county recorder covering all or a material part of the time when the real property was in the county whose records were so lost or destroyed.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.03.

751.03. Any number of separate parcels of land claimed by the plaintiff may be included in the same action.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.04.

751.04. The action shall be commenced by the filing of a verified complaint. The party commencing the action shall be named as plaintiff, and the defendants shall be described as “all persons claiming any interest in, or lien upon, the real property herein described, or any part thereof.” The complaint shall contain a statement of the facts enumerated in Section 751.02, a particular description of the real property, and a specification of the estate, title, or interest of the plaintiff in the property.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.05.

751.05. Upon the filing of the complaint, a summons shall be issued under the seal of the court. The summons shall contain the name of the court and county in which the action is brought, and the name of the plaintiff and a particular description of the real property involved, and shall be directed to “all persons claiming any interest in, or lien upon, the real property herein described, or any part thereof,” as defendants, and shall be substantially in the following form:
“IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND
FOR THE COUNTY (OR CITY AND COUNTY) OF _______
__________________________,
⎫
Action No. _______
Plaintiff,
⎪
vs.
⎪
All Persons Claiming Any Interest in, or
⎬
Lien Upon, the Real Property Herein
⎪
Described or Any Part thereof,
⎪
Defendants.
⎭
The people of the State of California, to all persons claiming any interest in, or lien upon, the real property herein described, or any part thereof, defendants, greeting:
You are hereby required to appear and answer the complaint of ____________, plaintiff, filed with the clerk of the above-entitled court and county, within three months after the first publication of this summons, and to set forth what interest or lien, if any, you have in or upon that certain real property or any part thereof, situated in the County (or City and County) of __________, State of California, particularly described as follows: (here insert description.)
And you are hereby notified that, unless you so appear and answer, the plaintiff will apply to the court for the relief demanded in the complaint, to wit: (here insert a statement of the relief so demanded.)
Witness my hand and the seal of said court, this ________ day of __________, A.D. ________.
(SEAL)
______________ _______________, Clerk.”
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.06.

751.06. The summons shall be published in a newspaper of general circulation published in the county in which the action is brought. The newspaper in which publication is to be made shall be designated by an order of the court or a judge thereof to be signed and filed with the clerk. No other order for the publication of the summons shall be necessary, nor shall any affidavit therefor be required, nor need any copy of the complaint be served, except as required by this chapter. The summons shall be published pursuant to Section 6065 of the Government Code, and to each publication thereof shall be appended a memorandum in substance as follows:
“The first publication of this summons was made in ____ (here insert name) newspaper on the ____ day of ____ A.D. ____,” (inserting the date).
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.07.

751.07. If the affidavit provided for in Section 751.09 discloses the name of any person claiming an interest in the property or a lien thereon adverse to the plaintiff, that fact and the name and address, if given, of the person shall be stated in a memorandum to be appended to the summons in substance as follows:
“The following persons are said to claim an interest in, or lien upon, said property adverse to plaintiff,” (giving their names and addresses as above provided).
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.08.

751.08. A copy of the summons and a copy of the memorandum shall be posted in a conspicuous place on each separate parcel of the property described in the complaint within 15 days after the first publication of the summons.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.09.

751.09. At the time of filing the complaint the plaintiff shall file with it his affidavit fully and explicitly setting forth and showing:
(a) The character of the plaintiff’s estate, right, title, interest, or claim in, and possession of, the property, the period it has existed, and from whom obtained.
(b) Whether or not the plaintiff has ever made any conveyance of all or any part of the property, or any interest therein, and if so when and to whom, and a statement of any and all subsisting mortgages, deeds of trust, and other liens thereon.
(c) That the plaintiff does not know and has never been informed of any other person who claims or who may claim any interest in or lien upon all or any part of the property adversely to the plaintiff, or if the plaintiff does know or has been informed of any such person, the name and address of such person.
If the plaintiff is unable to state any of the required matters, the plaintiff shall set forth and show fully and explicitly the reasons for such inability. Such affidavit shall constitute a part of the judgment-roll. If the plaintiff is a corporation, the affidavit shall be made by an officer thereof. If the plaintiff is a person under guardianship or conservatorship, the affidavit shall be made by the guardian or conservator.
(Amended by Stats. 1979, Ch. 730.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.10.

751.10. If the affidavit discloses the name of any person claiming any interest in or lien upon the property adverse to the plaintiff, a copy of the summons and complaint and affidavit shall also be served upon such person, if he can be found, in the manner provided by law for the service of a summons in a civil action, other than by publication. Service shall be made during the period of the publication of the summons. A copy of the memorandum provided for in Section 751.07 shall be appended to the copy of the summons served upon any such person.
If such person cannot, with reasonable diligence, be served as provided above within the period of publication of the summons, a copy of the summons, memorandum, complaint, and affidavit shall be mailed, postage prepaid, addressed to him at the address given in the affidavit, or, if no address is given, at his last address known to the plaintiff, or, if none, at the county seat of the county in which the action is brought, forthwith upon the expiration of the period of publication.
(Amended by Stats. 1969, Ch. 1611.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.11.

751.11. Upon the completion of the publication and posting of the summons and its service or mailing as provided for in Section 751.10, the court has complete jurisdiction over the plaintiff and the property and the person of everyone having or claiming any estate, right, title, or interest in or to, or lien upon, all or any part of the property, and shall be deemed 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.
(Amended by Stats. 1969, Ch. 1611.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.12.

751.12. At any time within three months after the first publication of the summons, or such further time not exceeding 30 days as the court for good cause may grant, any person having or claiming any estate, right, title, or interest in or to, or lien upon, all or any part of the property may appear and make himself a party to the action by pleading to the complaint. All answers must be verified and must specifically set forth the estate, right, title, interest, or lien so claimed.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.13.

751.13. At the time of filing the complaint the plaintiff, and at the time of filing his or her answer every defendant claiming any affirmative relief, shall record in the office of the recorder of the county in which the property is situated a notice of the pendency of the action containing the object of the action or defense, and a particular description of the property affected by it. The recorder shall record the notice in the same manner as provided in Section 409.
(Amended by Stats. 1982, Ch. 843, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.14.

751.14. Judgment in any such action 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. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.15.

751.15. The judgment shall determine all estates, rights, titles, interests, and claims in and to such property and every part thereof, whether legal or equitable, present or future, vested or contingent, or whether they consist of mortgages or liens of any description. It shall be conclusive upon every person who at the commencement of the action had or claimed any estate, right, title, or interest in or to all or any part of such property and upon every person claiming under him by title subsequent to the commencement of the action.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.16.

751.16. A certified copy of the judgment shall be recorded in the office of the recorder of the county in which the action was commenced. Any party or the successor in interest of any party to the action may file the entire judgment roll for record in the office of the county recorder.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.17.

751.17. Except as otherwise provided in this chapter, all rules of law relating to evidence, pleading, practice, new trials, and appeals applicable to other civil actions shall apply to actions authorized by this chapter.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.18.

751.18. At any time after the issuance of summons, any party to the action may take depositions in conformity to law upon notice to the adverse party sought to be bound by such depositions and who has appeared in the action and upon notice filed with the clerk. The depositions may be used by any party against any other party giving or receiving the notice, subject to all just exceptions.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.19.

751.19. The clerk shall number all actions authorized by this chapter consecutively in a distinct series and shall keep an index and register devoted exclusively to such actions.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.20.

751.20. Whenever judgment in an action authorized by this chapter has been entered as to any real property, no other action relative to all or any part of the same property shall be tried until proof has first been made to the court that all persons who appeared in the first action or their successors in interest have been personally served pursuant to this chapter either within or without the State more than one month before the time to plead expired.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.21.

751.21. An executor, administrator, guardian, conservator, or other person holding the possession of property in the right of another may maintain as plaintiff, and may appear and defend in, any action provided for by this chapter.
(Amended by Stats. 1979, Ch. 730.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.22.

751.22. 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.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.23.

751.23. Where the title to real property may be established or quieted pursuant to this chapter, any person who is or claims to be the owner of such real property or of any interest therein or lien thereon, by himself or by his agent duly authorized by letter of attorney theretofore recorded in the office of the county recorder of the county where the property is situated, may sign, verify, and file for record in the office of the county recorder a notice in substantially the following form:
“Notice of Ownership and Claim to Real Property Under the Destroyed Records Relief Law
“Notice is hereby given that ____ (here insert name of claimant) ____, whose residence is at ____ (here insert street and number, city or town, county and state of residence), is the owner of an interest in the real property situated in the ____ (here insert name of city if the property be located in a city) ____, county of ____ (here insert name of county or city and county in which property is located) ____, State of California, described as follows: ____ (here insert a particular description of real property) ____.
“The character of the interest in the real property owned by the claimant is ____ (here insert description of the character of interest in or lien upon the real property) ____ and the interest was obtained from ____ (here insert the name of the party from whom the interest was obtained) ____, and at the time and in the manner following ____ (here insert time at which and manner in which the interest was acquired) ____.”
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.24.

751.24. The notice shall be signed by the claimant or by his agent and shall be verified by the oath of the party signing it, to the effect that all of the statements therein contained are true to his knowledge.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.25.

751.25. Upon the filing of the notice for recordation the recorder shall record the notice in the same manner as provided in Section 409.
(Amended by Stats. 1982, Ch. 843, Sec. 2.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.26.

751.26. After three days after the notice has been filed for record, all persons who may begin actions pursuant to this chapter shall be deemed to have notice of the facts stated in the notice. Neither the filing of the notice for record nor its recordation constitute constructive notice to any other person or for any other purpose. The original of the notice shall be returned to the party requesting the recordation as provided in Section 27321 of the Government Code.
(Amended by Stats. 1982, Ch. 843, Sec. 3.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.27.

751.27. After three days after the filing of the notice for record, any person who begins an action pursuant to this chapter to perfect or establish his title to the real property described in the notice, or any interest therein, must name, in the affidavit and memorandum appended to the summons, the claimant in the notice, or any person who is a successor in interest of such claimant under a subsequently duly recorded written instrument, judgment, or decree, as a party who claims an interest in or lien upon the property adverse to the plaintiff. He must cause such claimant, or successor in interest, to be served with summons in the action. Otherwise neither the action nor any judgment or decree made therein shall affect the title or interest in the property described in the notice and owned by the claimant at the time of the filing of the notice, or by any such successor in interest prior to the commencement of the action. The failure to name such claimant or successor in interest in the affidavit or memorandum or to serve such claimant or such successor in interest shall not affect the validity of the judgment or decree rendered in such action as to any other persons, but such judgment or decree shall be valid and binding upon all persons except such claimant or successor in interest.
(Added by Stats. 1953, Ch. 52.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records › Section 751.28.

751.28. An executor, administrator, guardian, conservator, or other person holding the possession of property in the right of another, may make, sign, verify, and file for record the notice and affidavit provided for in this chapter on behalf of the estate or interest which he represents.
(Amended by Stats. 1979, Ch. 730.)
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 751.50.

751.50. If the boundaries of land owned either by public or by private entities have been disturbed by earth movements such as, but not limited to, slides, subsidence, lateral or vertical displacements or similar disasters caused by man, or by earthquake or other acts of God, so that such lands are in a location different from that at which they were located prior to the disaster, an action in rem may be brought to equitably reestablish boundaries and to quiet title to land within the boundaries so reestablished.
(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 751.51.

751.51. (a) An action authorized by this chapter may be commenced by:
(1) A county in which lands were affected by a disaster described in Section 751.50 with or without the joinder of a city or cities included in the county and within the area so affected.
(2) A city, if the disaster has affected land in the city.
(3) Any other entity or person owning or having an interest in or lien upon land affected by the disaster if granted permission by the court to bring the action, and if the county in which the land is located is made a party to the action.
(b) In an action authorized by this chapter every entity in actual and peaceable possession of, or having an estate or interest in or lien upon any of the land affected by the action, whose possession or evidence of estate or interest is either recorded or known to the plaintiffs, the city, if the land is within a city, the county in which the land is located, and the State of California must be designated in the complaint of the action, and given notice in the manner required by this chapter.
(c) All unknown entities, including owners, lien or interest claimants, heirs, devisees, legatees or assigns, may be described in the caption and complaint as “all entities claiming any interest in or lien upon, the real property herein described or any part 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 3.6 - Cullen Earthquake Act › Section 751.52.

751.52. An entity which is a permissive plaintiff under this chapter, may bring a separate action with respect to separate portions of the disaster area of sufficient size to equitably reestablish boundaries without harm to other areas of the common disaster, its decision regarding the desirability of the separate action, and regarding the area to be dealt with in each action to be approved by the court.
(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 751.53.

751.53. The complaint shall substantially include:
(a) A statement of the facts which make the provisions of this chapter applicable.
(b) A description of the exterior boundaries of the real property area sought to be affected by the action.
(c) A specification of the estate, title, interest or claim owned, and in the actual possession of the plaintiff or plaintiffs in described parts of the entire real property sought to be affected by the action.
(d) A specification of the estate, title, interest, or claim, so far as they are known to the plaintiffs or either of them, and so far as they are capable of being discovered by reasonably diligent search by the plaintiff or plaintiffs, in each separate part of the entire real property sought to be affected by the action.
(e) A specification of the street areas sought to be vacated or offered by the plaintiff, or plaintiffs, to be vacated in whole or in part for judicial equitable allocation to landowners for the mitigation of the losses inflicted upon the landowners by the particular disaster or disasters to which this chapter is applicable.
(f) A proposed replatting of the entire real property sought to be affected by the action, embodying the land boundaries as fixed by the disaster, except as these boundaries have been equitably and judicially readjusted, or as liberalized by judicially directed use of the vacated lands.
(Amended by Stats. 1984, Ch. 193, Sec. 10.)