Code of Civil Procedure — Part 15 | CCP — United States — California law | Esheria

Code of Civil Procedure

Part 15 of 17 · provisions 2,801–3,000

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This section limits confidentiality clauses in settlement agreements and bars courts from entering conflicting secrecy orders, but allows claimant-identity protection at the claimant’s request and allows settlement amounts to stay confidential. Settlement agreements for employment disputes generally cannot block an aggrieved person from getting future employment with the employer or related companies. A minor may disaffirm an enrollment-agreement term that makes the minor waive rights related to a criminal sexual assault or criminal sexual battery; the rest of the agreement stays valid. Settlement terms cannot bar disclosure of factual information in certain serious civil cases, and courts cannot enter conflicting gag orders. A written direction by a court or judge that is not part of a judgment is called an order, and an application for an order is called a motion.

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Provisions of Code of Civil Procedure

Showing 200 of 3,346

  1. 720.430.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    Released property may be levied on again only if the hearing on the third-party claim determines the debtor has an interest in it.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Hearing on Third-Party Claim [720.310 - 720.430] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.430. If property has been released pursuant to Section 720.170, 720.270, or 720.660, it may be levied upon or otherwise sought to be applied to the satisfaction of the judgment only if it is determined in the hearing on the third-party claim that the debtor has an interest in the property that may be levied upon or otherwise applied to the satisfaction of the judgment. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  2. 720.510.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Creditor’s Demand for Third-Party Claim by Secured Party or Lienholder [720.510 - 720.550] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A creditor may demand that a secured party or lienholder file a third-party claim to levied personal property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Creditor’s Demand for Third-Party Claim by Secured Party or Lienholder [720.510 - 720.550] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.510. A creditor may make a demand as provided in this chapter that a secured party or lienholder file a third-party claim to personal property that has been levied upon under a writ of attachment or a writ of execution. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  3. 720.520.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Creditor’s Demand for Third-Party Claim by Secured Party or Lienholder [720.510 - 720.550] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A creditor’s demand for a third-party claim must be filed with the levying officer after levy and before sale or payment of proceeds, and the levying officer must then serve it on the secured party or lienholder.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Creditor’s Demand for Third-Party Claim by Secured Party or Lienholder [720.510 - 720.550] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.520. (a) The creditor’s demand for a third-party claim by the secured party or lienholder, together with a copy of the demand, shall be filed with the levying officer after levy on the personal property but before the levying officer sells the property or pays proceeds of collection to the creditor. (b) Promptly after the demand and a copy thereof are filed, the levying officer shall personally serve the demand on the secured party or lienholder. Service of the demand on the secured party or lienholder shall be attested by the certificate of the levying officer and the certificate shall be filed in the action promptly after service. (c) The demand shall be served by the levying officer who levied on the property or by any other levying officer whose office is closer to the place of service. If service is made by another levying officer, such levying officer’s costs shall be paid out of the costs prepaid to the levying officer who levied on the property. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  4. 720.530.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Creditor’s Demand for Third-Party Claim by Secured Party or Lienholder [720.510 - 720.550] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A demand for a third-party claim served on a secured party or lienholder must include specified contact, property, levy, and warning statements.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Creditor’s Demand for Third-Party Claim by Secured Party or Lienholder [720.510 - 720.550] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.530. The demand for a third-party claim served on a secured party or lienholder shall contain all of the following: (a) The name and address of the secured party or lienholder. (b) The name and address of the creditor. (c) A detailed description of the personal property levied upon and the date of levy. (d) A statement that if the secured party or lienholder does not file a third-party claim pursuant to Chapter 3 (commencing with Section 720.210) within 30 days after service of the demand, the secured party or lienholder shall be deemed to have waived any priority the security interest or lien may have over the creditor’s lien on the property levied upon unless the property levied upon is released from the creditor’s lien. (e) A statement that if any priority of the security interest or lien is waived, the secured party or lienholder may have a right to share in any excess proceeds of an execution sale of the property as provided in Section 701.810. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  5. 720.540.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Creditor’s Demand for Third-Party Claim by Secured Party or Lienholder [720.510 - 720.550] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    The levying officer must not release, sell, or otherwise dispose of the personal property described in the demand for 30 days after service on the secured party or lienholder, unless another statute provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Creditor’s Demand for Third-Party Claim by Secured Party or Lienholder [720.510 - 720.550] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.540. Except as otherwise provided by statute, the levying officer may not release, sell, or otherwise dispose of the personal property described in the demand before the expiration of 30 days after service of the demand on the secured party or lienholder. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  6. 720.550.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Creditor’s Demand for Third-Party Claim by Secured Party or Lienholder [720.510 - 720.550] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A secured party or lienholder must file a third-party claim with the levying officer within 30 days after service of the demand, or priority may be waived.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Creditor’s Demand for Third-Party Claim by Secured Party or Lienholder [720.510 - 720.550] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.550. (a) If the secured party or lienholder does not file a third-party claim with the levying officer pursuant to Chapter 3 (commencing with Section 720. 210) within 30 days after service of the demand, the secured party or lienholder shall be deemed to have waived any priority the security interest or lien may have over the creditor’s lien on the personal property levied upon and the property may be applied toward the satisfaction of the judgment free of the security interest or lien. (b) If the secured party or lienholder is deemed to have waived any priority over the creditor’s lien pursuant to subdivision (a) and the creditor’s lien on the personal property is released, the security interest or lien is restored to its former position of priority. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  7. 720.610.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Third-Party Undertaking to Release Property [720.610 - 720.660] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A third person may give an undertaking to release levied property in specified ownership, possession, security interest, or lien situations.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Third-Party Undertaking to Release Property [720.610 - 720.660] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.610. A third person may give an undertaking to release property pursuant to this chapter in the following cases: (a) Where the third person claims ownership or the right to possession of real property that has been levied upon under a writ of attachment or a writ of execution. (b) Where the third person claims ownership or the right to possession of personal property that has been levied upon under a writ of attachment, a writ of execution, or a writ of sale. (c) Where the third person claims a security interest in or a lien on personal property that has been levied upon under a writ of attachment, a writ of execution, or a writ of sale. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  8. 720.620.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Third-Party Undertaking to Release Property [720.610 - 720.660] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A third person must file the undertaking to release property with the levying officer, plus two copies.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Third-Party Undertaking to Release Property [720.610 - 720.660] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.620. The third person shall file the undertaking to release property with the levying officer, together with two copies of the undertaking: (a) At the time the third person files a third-party claim pursuant to Chapter 2 (commencing with Section 720.110) or Chapter 3 (commencing with Section 720.210). (b) If the third person has previously filed a third-party claim to the property, at any time before the levying officer does any of the following: (1) Sells the property. (2) Delivers possession of the property to the creditor. (3) Pays proceeds of collection to the creditor. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  9. 720.630.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Third-Party Undertaking to Release Property [720.610 - 720.660] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A third person’s undertaking to release property must describe the property and the third person’s interest, and it must set the undertaking amount using the statutory formula.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Third-Party Undertaking to Release Property [720.610 - 720.660] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.630. (a) The undertaking to release property shall contain a description of the property to be released and shall describe the interest of the third person. (b) The undertaking shall be made in favor of the creditor and shall provide that, if the debtor is finally adjudged to have an interest in the property levied upon, the third person shall pay to the creditor the lesser of the following: (1) The amount required to satisfy the judgment against the debtor of the creditor who had the lien on the property. (2) A sum equal to the market value of the debtor’s interest in the property levied upon. (c) Except as provided in subdivision (d) and unless the third person elects to file an undertaking in a larger amount, the amount of the undertaking shall be the lesser of the following amounts: (1) Twice the market value of the property sought to be released. (2) Twice the amount of the creditor’s lien on the property sought to be released. (d) If the creditor has given an undertaking in response to the third person’s claim regarding the property pursuant to Section 720.160 or 720.260, the third person’s undertaking shall be in the amount of the creditor’s undertaking. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  10. 720.640.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Third-Party Undertaking to Release Property [720.610 - 720.660] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    The levying officer must serve the undertaking on the creditor and debtor when a third-party claim is filed, using personal service or mail.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Third-Party Undertaking to Release Property [720.610 - 720.660] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.640. (a) If the undertaking to release property is filed with the levying officer at the time the third-party claim is filed, the levying officer shall serve a copy of the undertaking on the creditor and on the debtor with the notice of the filing of the third-party claim served pursuant to Section 720.140 or 720.240. (b) If the undertaking to release property is filed with the levying officer after the third-party claim is filed, not later than five days after the undertaking is filed, the levying officer shall serve a copy of the undertaking on the creditor and on the debtor with a notice that the property will be released unless, within the time allowed as specified in the notice, the creditor objects to the undertaking. Service shall be made personally or by mail. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  11. 720.650.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Third-Party Undertaking to Release Property [720.610 - 720.660] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A third person’s undertaking takes effect when the property covered by it is released under this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Third-Party Undertaking to Release Property [720.610 - 720.660] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.650. The third person’s undertaking becomes effective when the property described therein is released pursuant to this chapter. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  12. 720.660.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Third-Party Undertaking to Release Property [720.610 - 720.660] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    The levying officer must release the property described in a third person’s undertaking after the objection period ends, unless the creditor timely objects and files the required notice of motion.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 6. Third-Party Undertaking to Release Property [720.610 - 720.660] ( Chapter 6 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.660. The levying officer shall release the property described in the third person’s undertaking in the manner provided by Section 720.170 promptly after the expiration of the time allowed for objecting to the undertaking, unless the creditor has objected to the undertaking, and filed with the levying officer a copy of the notice of motion as required by Section 720.760, prior to the expiration of that time. (Amended by Stats. 1985, Ch. 41, Sec. 12.)
  13. 720.710.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Undertakings [720.710 - 720.800] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    The Bond and Undertaking Law applies to bonds given under this title, unless this title says something different or is inconsistent.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Undertakings [720.710 - 720.800] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.710. The Bond and Undertaking Law (Chapter 2 (commencing with Section 995. 010) of Title 14) applies to a bond given pursuant to this title, except to the extent this title prescribes a different rule or is inconsistent. (Added by Stats. 1985, Ch. 41, Sec. 13.)
  14. 720.760.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Undertakings [720.710 - 720.800] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A copy of a notice of motion objecting to an undertaking must be filed with the levying officer.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Undertakings [720.710 - 720.800] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.760. A copy of a notice of motion objecting to an undertaking shall be filed with the levying officer. (Amended by Stats. 1983, Ch. 18, Sec. 14. Effective April 21, 1983. Operative July 1, 1983, by Sec. 40 of Ch. 18.)
  15. 720.770.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Undertakings [720.710 - 720.800] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A hearing on an objection to an undertaking must be held 10 to 15 days after service of the notice of motion, unless the parties agree otherwise. The court may also reduce the undertaking amount in specified circumstances.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Undertakings [720.710 - 720.800] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.770. Unless the parties otherwise agree, the hearing on an objection to an undertaking shall be held not less than 10 nor more than 15 days after service of the notice of motion. The court may order the amount of the undertaking decreased below the amount prescribed by Section 720.160 or 720.260 if the court determines the amount prescribed exceeds the probable recovery of the beneficiary if the beneficiary ultimately prevails in proceedings to enforce the liability on the undertaking. (Amended by Stats. 1983, Ch. 18, Sec. 15. Effective April 21, 1983. Operative July 1, 1983, by Sec. 40 of Ch. 18.)
  16. 720.800.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Undertakings [720.710 - 720.800] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If an undertaking is in the levying officer’s possession when the writ is returned, the levying officer must file it with the court.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 4. THIRD-PARTY CLAIMS AND RELATED PROCEDURES [720.010 - 720.800] ( Division 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 7. Undertakings [720.710 - 720.800] ( Chapter 7 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 720.800. If an undertaking has been filed with a levying officer pursuant to this division, and the undertaking remains in the levying officer’s possession when the writ is to be returned, the levying officer shall file the undertaking with the court at the time the writ is returned. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  17. 724.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    A money judgment may be satisfied by full payment or by the creditor accepting a lesser sum. The creditor must give or file an acknowledgment of satisfaction only after the required full amount has been received on levy, or after a noncash payment has actually been honored.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.010. (a) A money judgment may be satisfied by payment of the full amount required to satisfy the judgment or by acceptance by the judgment creditor of a lesser sum in full satisfaction of the judgment. (b) Where a money judgment is satisfied by levy, the obligation of the judgment creditor to give or file an acknowledgment of satisfaction arises only when the judgment creditor has received the full amount required to satisfy the judgment from the levying officer. (c) Where a money judgment is satisfied by payment to the judgment creditor by check or other form of noncash payment that is to be honored upon presentation by the judgment creditor for payment, the obligation of the judgment creditor to give or file an acknowledgment of satisfaction of judgment arises only when the check or other form of noncash payment has actually been honored upon presentation for payment. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  18. 724.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    The court clerk must enter satisfaction of a money judgment in the register of actions when specified conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.020. The court clerk shall enter satisfaction of a money judgment in the register of actions when the following occur: (a) A writ is returned satisfied for the full amount of a lump-sum judgment. (b) An acknowledgment of satisfaction of judgment is filed with the court. (c) The court orders entry of satisfaction of judgment. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  19. 724.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    When a money judgment is satisfied, the judgment creditor must immediately file an acknowledgment of satisfaction of judgment with the court.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.030. When a money judgment is satisfied, the judgment creditor immediately shall file with the court an acknowledgment of satisfaction of judgment. This section does not apply where the judgment is satisfied in full pursuant to a writ. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  20. 724.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If a money judgment abstract has been recorded and the judgment is satisfied, the judgment creditor must immediately file an acknowledgment with the court and serve one on the judgment debtor.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.040. If an abstract of a money judgment has been recorded with the recorder of any county and the judgment is satisfied, the judgment creditor shall immediately do both of the following: (a) File an acknowledgment of satisfaction of judgment with the court. (b) Serve an acknowledgment of satisfaction of judgment on the judgment debtor. Service shall be made personally or by mail. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  21. 724.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If a money judgment has been satisfied, certain parties may demand that the judgment creditor file or deliver an acknowledgment of satisfaction, and the creditor must comply within 15 days.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.050. (a) If a money judgment has been satisfied, the judgment debtor, the owner of real or personal property subject to a judgment lien created under the judgment, or a person having a security interest in or a lien on personal property subject to a judgment lien created under the judgment may serve personally or by mail on the judgment creditor a demand in writing that the judgment creditor do one or both of the following: (1) File an acknowledgment of satisfaction of judgment with the court. (2) Execute, acknowledge, and deliver an acknowledgment of satisfaction of judgment to the person who made the demand. (b) The demand shall include the following statement: “Important warning. If this judgment has been satisfied, the law requires that you comply with this demand not later than 15 days after you receive it. If a court proceeding is necessary to compel you to comply with this demand, you will be required to pay my reasonable attorney’s fees in the proceeding if the court determines that the judgment has been satisfied and that you failed to comply with the demand. In addition, if the court determines that you failed without just cause to comply with this demand within the 15 days allowed, you will be liable for all damages I sustain by reason of such failure and will also forfeit one hundred dollars to me.” (c) If the judgment has been satisfied, the judgment creditor shall comply with the demand not later than 15 days after actual receipt of the demand. (d) If the judgment creditor does not comply with the demand within the time allowed, the person making the demand may apply to the court on noticed motion for an order requiring the judgment creditor to comply with the demand. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail. If the court determines that the judgment has been satisfied and that the judgment creditor has not complied with the demand, the court shall either (1) order the judgment creditor to comply with the demand or (2) order the court clerk to enter satisfaction of the judgment. (e) If the judgment has been satisfied and the judgment creditor fails without just cause to comply with the demand within the time allowed, the judgment creditor is liable to the person who made the demand for all damages sustained by reason of such failure and shall also forfeit one hundred dollars ($100) to such person. Liability under this subdivision may be determined in the proceedings on the motion pursuant to subdivision (d) or in an action. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  22. 724.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    An acknowledgment of satisfaction of judgment must include specified case, party, judgment, and lien information, and it must be executed and acknowledged by an authorized person.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.060. (a) An acknowledgment of satisfaction of judgment shall contain the following information: (1) The title of the court. (2) The cause and number of the action. (3) The names and addresses of the judgment creditor, the judgment debtor, and the assignee of record if any. If an abstract of the judgment has been recorded in any county, the judgment debtor’s name shall appear on the acknowledgment of satisfaction of judgment as it appears on the abstract of judgment. (4) The date of entry of judgment and of any renewals of the judgment and where entered in the records of the court. (5) A statement either that the judgment is satisfied in full or that the judgment creditor has accepted payment or performance other than that specified in the judgment in full satisfaction of the judgment. (6) A statement whether an abstract of the judgment has been recorded in any county and, if so, a statement of each county where the abstract has been recorded and the book and page of the county records where the abstract has been recorded, and a notice that the acknowledgment of satisfaction of judgment (or a court clerk’s certificate of satisfaction of judgment) will have to be recorded with the county recorder of each county where the abstract of judgment has been recorded in order to release the judgment lien on real property in that county. (7) A statement whether a notice of judgment lien has been filed in the office of the Secretary of State and, if such a notice has been filed, a statement of the file number of such notice, and a notice that the acknowledgment of satisfaction of judgment (or a court clerk’s certificate of satisfaction of judgment) will have to be filed in that office in order to terminate the judgment lien on personal property. (b) The acknowledgment of satisfaction of judgment shall be made in the manner of an acknowledgment of a conveyance of real property. (c) The acknowledgment of satisfaction of judgment shall be executed and acknowledged by one of the following: (1) The judgment creditor. (2) The assignee of record. (3) The attorney for the judgment creditor or assignee of record unless a revocation of the attorney’s authority is filed. (4) The local child support agency director or his or her designee, if the local child support agency has been providing child support services pursuant to Section 17400 of the Family Code. The acknowledgment of satisfaction of judgment may be recorded by the local child support agency pursuant to Section 27282 of the Government Code. (Amended by Stats. 2004, Ch. 339, Sec. 1. Effective January 1, 2005.)
  23. 724.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment creditor who deliberately demands extra performance or extra payment before giving an acknowledgment of satisfaction of judgment can be liable to the judgment debtor.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.070. (a) If a judgment creditor intentionally conditions delivery of an acknowledgment of satisfaction of judgment upon the performance of any act or the payment of an amount in excess of that to which the judgment creditor is entitled under the judgment, the judgment creditor is liable to the judgment debtor for all damages sustained by reason of such action or two hundred fifty dollars ($250), whichever is the greater amount. (b) Subdivision (a) does not apply if the judgment creditor has agreed to deliver an acknowledgment of satisfaction of judgment to the judgment debtor prior to full satisfaction of the judgment in consideration for the judgment debtor’s agreement either to furnish security or to execute a promissory note, or both, the principal amount of which does not exceed the amount to which the judgment creditor is entitled under the judgment. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  24. 724.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    In a chapter 1 judgment-satisfaction action or proceeding, the court must award reasonable attorney’s fees to the prevailing party.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.080. In an action or proceeding maintained pursuant to this chapter, the court shall award reasonable attorney’s fees to the prevailing party. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  25. 724.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    Damages under this chapter do not take away any other damages or penalties an aggrieved person may be entitled to by law.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.090. The damages recoverable pursuant to this chapter are not in derogation of any other damages or penalties to which an aggrieved person may be entitled by law. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  26. 724.100.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    If a satisfaction of judgment is entered in the register of actions, the court clerk must issue a certificate of satisfaction of judgment when someone applies and pays the required fee.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Satisfaction of Judgment [724.010 - 724.100] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.100. (a)If satisfaction of a judgment has been entered in the register of actions, the court clerk shall issue a certificate of satisfaction of judgment upon application therefor and payment of the fee as provided in subdivision (a) of Section 70626 of the Government Code. (b) The certificate of satisfaction of judgment shall contain the following information: (1) The title of the court. (2) The cause and number of the action. (3) The names of the judgment creditor and the judgment debtor. (4) The date of entry of judgment and of any renewals of the judgment and where entered in the records of the court. (5) The date of entry of satisfaction of judgment and where it was entered in the register of actions. (Amended by Stats. 2005, Ch. 75, Sec. 39. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  27. 724.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Acknowledgment of Partial Satisfaction of Judgment [724.110 - 724.120] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A judgment debtor or certain property owners may demand a partial satisfaction acknowledgment, and the judgment creditor must respond within 15 days if the judgment was partially satisfied.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Acknowledgment of Partial Satisfaction of Judgment [724.110 - 724.120] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.110. (a)The judgment debtor or the owner of real or personal property subject to a judgment lien created under a money judgment may serve on the judgment creditor a demand in writing that the judgment creditor execute, acknowledge, and deliver an acknowledgment of partial satisfaction of judgment to the person who made the demand. Service shall be made personally or by mail. If the judgment has been partially satisfied, the judgment creditor shall comply with the demand not later than 15 days after actual receipt of the demand. (b) If the judgment creditor does not comply with the demand within the time allowed, the judgment debtor or the owner of the real or personal property subject to a judgment lien created under the judgment may apply to the court on noticed motion for an order requiring the judgment creditor to comply with the demand. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail. If the court determines that the judgment has been partially satisfied and that the judgment creditor has not complied with the demand, the court shall make an order determining the amount of the partial satisfaction and may make an order requiring the judgment creditor to comply with the demand. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  28. 724.120.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Acknowledgment of Partial Satisfaction of Judgment [724.110 - 724.120] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )

    Verify source ↗

    A partial satisfaction acknowledgment must be made by the same person and in the same manner as a satisfaction acknowledgment, and it must include specific court, case, party, judgment, payment, lien, and filing information.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. Acknowledgment of Partial Satisfaction of Judgment [724.110 - 724.120] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.120. An acknowledgment of partial satisfaction of judgment shall be made in the same manner and by the same person as an acknowledgment of satisfaction of judgment and shall contain the following information: (a) The title of the court. (b) The cause and number of the action. (c) The names and addresses of the judgment creditor, the judgment debtor, and the assignee of record if any. If an abstract of the judgment has been recorded in any county, the judgment debtor’s name shall appear on the acknowledgment of partial satisfaction of judgment as it appears on the abstract of judgment. (d) The date of entry of judgment and of any renewals of the judgment and where entered in the records of the court. (e) A statement of the amount received by the judgment creditor in partial satisfaction of the judgment. (f) A statement whether an abstract of judgment has been recorded in any county and, if so, a statement of each county where the abstract has been recorded and the book and page of the county records where the abstract has been recorded. (g) A statement whether a notice of judgment lien has been filed in the office of the Secretary of State and, if so, the file number of the notice. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  29. 724.210.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Acknowledgment of Satisfaction of Matured Installments Under Installment Judgment [724.210 - 724.260] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    This section defines “installment judgment” and “matured installments” for this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Acknowledgment of Satisfaction of Matured Installments Under Installment Judgment [724.210 - 724.260] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.210. As used in this chapter: (a) “Installment judgment” means a money judgment under which a lien may be created on an interest in real property under Section 697.320. (b) “Matured installments” means the sum of all of the following: (1) All amounts and installments that have matured under an installment judgment on or before the date specified in the demand for an acknowledgment of satisfaction of matured installments under an installment judgment. (2) The interest that has accrued on the installment judgment on the date specified in the demand. (3) The costs that have been added to the installment judgment on or before the date specified in the demand pursuant to Chapter 5 (commencing with Section 685.010) of Division 1. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  30. 724.220.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Acknowledgment of Satisfaction of Matured Installments Under Installment Judgment [724.210 - 724.260] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    If a judgment lien on real property comes from an installment judgment, the debtor or property owner may demand a written acknowledgment of satisfaction of matured installments, and the judgment creditor must comply within 15 days after receiving it if those installments have been paid.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Acknowledgment of Satisfaction of Matured Installments Under Installment Judgment [724.210 - 724.260] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.220. (a) If real property is subject to a judgment lien created under an installment judgment, the judgment debtor or the owner of real property subject to the judgment lien may serve on the judgment creditor a demand in writing that the judgment creditor execute, acknowledge, and deliver to the person who made the demand an acknowledgment of satisfaction of matured installments under an installment judgment. Service shall be made personally or by mail. (b) The demand shall include the following statement: “Important warning. If the matured installments on this judgment have been satisfied as of date specified in this demand, the law requires that you comply with this demand not later than 15 days after you receive it. (The ‛ matured installments’ are all amounts and installments that are due and payable on or before the date specified in this demand together with the accrued interest to that date and costs added to the judgment on or before that date.) If a court proceeding is necessary to compel you to comply with this demand, you will be required to pay my reasonable attorney’s fees in the proceeding if the court determines that the matured installments have been satisfied and that you failed to comply with the demand. In addition, if the court determines that you failed without just cause to comply with this demand within the 15 days allowed, you will be liable for all damages I sustain by reason of such failure and will also forfeit one hundred dollars to me.” (c) If the matured installments have been satisfied as of the date specified in the demand, the judgment creditor shall comply with the demand not later than 15 days after actual receipt of the demand. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  31. 724.230.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Acknowledgment of Satisfaction of Matured Installments Under Installment Judgment [724.210 - 724.260] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    If the judgment creditor does not comply with the demand in time, the judgment debtor or certain property owner may ask the court for an order. The motion notice must be served on the judgment creditor, personally or by mail.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Acknowledgment of Satisfaction of Matured Installments Under Installment Judgment [724.210 - 724.260] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.230. If the judgment creditor does not comply with the demand within the time allowed, the judgment debtor or the owner of the real property subject to a judgment lien created under the installment judgment may apply to the court on noticed motion for an order requiring the judgment creditor to comply with the demand. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail. If the court determines that the matured installments have been satisfied as of the date specified in the demand and that the judgment creditor has not complied with the demand, the court shall either (1) order the judgment creditor to comply with the demand or (2) make an order determining that the matured installments as of the date specified in the demand have been satisfied. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  32. 724.240.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Acknowledgment of Satisfaction of Matured Installments Under Installment Judgment [724.210 - 724.260] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    If the judgment creditor does not comply with the demand without just cause, the creditor must pay the demand maker’s damages and also forfeit $100.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Acknowledgment of Satisfaction of Matured Installments Under Installment Judgment [724.210 - 724.260] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.240. (a) If the matured installments under the installment judgment have been satisfied as of the date specified in the demand and the judgment creditor fails without just cause to comply with the demand within the time allowed, the judgment creditor is liable to the person who made the demand for all damages sustained by reason of such failure and shall also forfeit one hundred dollars ($100) to such person. Liability under this subdivision may be determined in the proceedings on a motion pursuant to Section 724.230 or in an action. (b) The damages recoverable pursuant to subdivision (a) are not in derogation of any other damages or penalties to which an aggrieved person may be entitled by law. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  33. 724.250.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Acknowledgment of Satisfaction of Matured Installments Under Installment Judgment [724.210 - 724.260] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    An acknowledgment of satisfaction for matured installments under an installment judgment must follow the same process as a satisfaction of judgment and include specified court, case, party, judgment, payment, and recording details.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Acknowledgment of Satisfaction of Matured Installments Under Installment Judgment [724.210 - 724.260] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.250. (a) An acknowledgment of satisfaction of matured installments under an installment judgment shall be made in the same manner and by the same person as an acknowledgment of satisfaction of judgment and shall contain the following information: (1) The title of the court. (2) The cause and number of the action. (3) The names and addresses of the judgment creditor, the judgment debtor, and the assignee of record if any. The judgment debtor’s name shall appear on the acknowledgment of satisfaction of matured installments as it appears on the certified copy of the judgment that was recorded to create the judgment lien. (4) The date of entry of the judgment and of any renewals of the judgment and where entered in the records of the court. (5) A statement that the matured installments under the installment judgment had been satisfied as of a specified date. (6) A statement whether a certified copy or abstract of the judgment has been recorded in any county and, if so, a statement of each county where the certified or abstract copy has been recorded and the book and page of the county records where the certified copy or abstract of the judgment has been recorded. (b) If any amount of child or spousal support provided in a support order has been directed to be made to an officer designated by statute or by the court pursuant to Article 4 (commencing with Section 4200) of Chapter 2 of Part 2 of Division 9 of the Family Code or Chapter 4 (commencing with Section 4350) of Part 3 of Division 9 of the Family Code or any other provision of law and the directive is set forth in the certified copy or abstract of the judgment that was recorded to create the judgment lien on real property, or in a similarly recorded certified copy or abstract of an amended or supplemental order, the acknowledgment of satisfaction of matured installments under the installment judgment is not effective and does not affect the judgment lien unless the acknowledgment is executed by or approved in writing by the designated officer. (Amended by Stats. 1992, Ch. 163, Sec. 53. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  34. 724.260.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Acknowledgment of Satisfaction of Matured Installments Under Installment Judgment [724.210 - 724.260] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. )

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    In a chapter-based action or proceeding, the court must award reasonable attorney’s fees to the prevailing party.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 5. SATISFACTION OF JUDGMENT [724.010 - 724.260] ( Division 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Acknowledgment of Satisfaction of Matured Installments Under Installment Judgment [724.210 - 724.260] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 724.260. In an action or proceeding maintained pursuant to this chapter, the court shall award reasonable attorney’s fees to the prevailing party. (Added by Stats. 1982, Ch. 1364, Sec. 2.3 (Sec. 2). Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
  35. 725a

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. )

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    Certain beneficiaries, trustees, mortgagees, and their successors in interest may sue to foreclose a deed of trust or mortgage with power of sale on real property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. ) ## 725a. The beneficiary or trustee named in a deed of trust or mortgagee named in a mortgage with power of sale upon real property or any interest therein to secure a debt or other obligation, or if there be a successor or successors in interest of such beneficiary, trustee or mortgagee, then such successor or successors in interest, shall have the right to bring suit to foreclose the same in the manner and subject to the provisions, rights and remedies relating to the foreclosure of a mortgage upon such property. (Amended by Stats. 1982, Ch. 497, Sec. 45. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  36. 726.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. )

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    This section limits foreclosure actions to one form, lets the court order sale of the mortgaged property, and sets rules for deficiency judgments, notice, appraisal, and a fraud-based damages action in subdivision (f).

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. ) ## 726. (a) There can be but one form of action for the recovery of any debt or the enforcement of any right secured by mortgage upon real property or an estate for years therein, which action shall be in accordance with the provisions of this chapter. In the action the court may, by its judgment, direct the sale of the encumbered real property or estate for years therein (or so much of the real property or estate for years as may be necessary), and the application of the proceeds of the sale to the payment of the costs of court, the expenses of levy and sale, and the amount due plaintiff, including, where the mortgage provides for the payment of attorney’s fees, the sum for attorney’s fees as the court shall find reasonable, not exceeding the amount named in the mortgage. (b) The decree for the foreclosure of a mortgage or deed of trust secured by real property or estate for years therein shall declare the amount of the indebtedness or right so secured and, unless judgment for any deficiency there may be between the sale price and the amount due with costs is waived by the judgment creditor or a deficiency judgment is prohibited by Section 580b, shall determine the personal liability of any defendant for the payment of the debt secured by the mortgage or deed of trust and shall name the defendants against whom a deficiency judgment may be ordered following the proceedings prescribed in this section. In the event of waiver, or if the prohibition of Section 580b is applicable, the decree shall so declare and there shall be no judgment for a deficiency. In the event that a deficiency is not waived or prohibited and it is decreed that any defendant is personally liable for the debt, then upon application of the plaintiff filed at any time within three months of the date of the foreclosure sale and after a hearing thereon at which the court shall take evidence and at which hearing either party may present evidence as to the fair value of the real property or estate for years therein sold as of the date of sale, the court shall render a money judgment against the defendant or defendants for the amount by which the amount of the indebtedness with interest and costs of levy and sale and of action exceeds the fair value of the real property or estate for years therein sold as of the date of sale. In no event shall the amount of the judgment, exclusive of interest from the date of sale and of costs exceed the difference between the amount for which the real property or estate for years therein was sold and the entire amount of the indebtedness secured by the mortgage or deed of trust. Notice of the hearing shall be served upon all defendants who have appeared in the action and against whom a deficiency judgment is sought, or upon their attorneys of record, at least 15 days before the date set for the hearing. Upon application of any party made at least 10 days before the date set for the hearing the court shall, and upon its own motion the court at any time may, appoint one of the probate referees provided for by law to appraise the real property or estate for years therein sold as of the time of sale. The probate referee shall file the appraisal with the clerk and the appraisal is admissible in evidence. The probate referee shall take and subscribe an oath to be attached to the appraisal that the referee has truly, honestly and impartially appraised the real property or estate for years therein to the best of the referee’s knowledge and ability. Any probate referee so appointed may be called and examined as a witness by any party or by the court itself. The court shall fix the compensation, in an amount as determined by the court to be reasonable, but the fees shall not exceed similar fees for similar services in the community where the services are rendered, which may be taxed and allowed in like manner as other costs. (c) No person holding a conveyance from or under the mortgagor of real property or estate for years therein, or having a lien thereon, which conveyance or lien does not appear of record in the proper office at the time of the commencement of the action need be made a party to the action, and the judgment therein rendered, and the proceedings therein had, are as conclusive against the person holding the unrecorded conveyance or lien as if the person had been a party to the action. Notwithstanding Section 701.630, the sale of the encumbered real property or estate for years therein does not affect the interest of a person who holds a conveyance from or under the mortgagor of the real property or estate for years therein mortgaged, or has a lien thereon, if the conveyance or lien appears of record in the proper office at the time of the commencement of the action and the person holding the recorded conveyance or lien is not made a party to the action. (d) If the real property or estate for years therein mortgaged consists of a single parcel, or two or more parcels, situated in two or more counties, the court may, in its judgment, direct the whole thereof to be sold in one of the counties, and upon these proceedings, and with like effect, as if the whole of the property were situated in that county. (e) If a deficiency judgment is waived or prohibited, the real property or estate for years therein shall be sold as provided in Section 716.020. If a deficiency judgment is not waived or prohibited, the real property or estate for years therein shall be sold subject to the right of redemption as provided in Sections 729.010 to 729.090, inclusive. (f) Notwithstanding this section or any other provision of law to the contrary, any person authorized by this state to make or arrange loans secured by real property or any successor in interest thereto, that originates, acquires, or purchases, in whole or in part, any loan secured directly or collaterally, in whole or in part, by a mortgage or deed of trust on real property or an estate for years therein, may bring an action for recovery of damages, including exemplary damages not to exceed 50 percent of the actual damages, against a borrower where the action is based on fraud under Section 1572 of the Civil Code and the fraudulent conduct by the borrower induced the original lender to make that loan. (g) Subdivision (f) does not apply to loans secured by single-family, owner-occupied residential real property, when the property is actually occupied by the borrower as represented to the lender in order to obtain the loan and the loan is for an amount of one hundred fifty thousand dollars ($150,000) or less, as adjusted annually, commencing on January 1, 1987, to the Consumer Price Index as published by the United States Department of Labor. (h) Any action maintained pursuant to subdivision (f) for damages shall not constitute a money judgment for deficiency, or a deficiency judgment within the meaning of Section 580a, 580b, or 580d of the Code of Civil Procedure. (Amended by Stats. 1992, Ch. 1095, Sec. 4. Effective January 1, 1993.)
  37. 726.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. )

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    A secured lender may choose special remedies for environmentally impaired real property security when the borrower is in default, but must give written notice and obtain a court order confirming value and impairment before waiving its lien.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. ) ## 726.5. (a) Notwithstanding subdivision (a) of Section 726 or any other provision of law, except subdivision (d) of this section, a secured lender may elect between the following where the real property security is environmentally impaired and the borrower’s obligations to the secured lender are in default: (1) (A) Waiver of its lien against (i) any parcel of real property security that is environmentally impaired or is an affected parcel, and (ii) all or any portion of the fixtures and personal property attached to the parcels; and (B) Exercise of (i) the rights and remedies of an unsecured creditor, including reduction of its claim against the borrower to judgment, and (ii) any other rights and remedies permitted by law. (2) Exercise of (i) the rights and remedies of a creditor secured by a deed of trust or mortgage and, if applicable, a lien against fixtures or personal property attached to the real property security, and (ii) any other rights and remedies permitted by law. (b) Before the secured lender may waive its lien against any parcel of real property security pursuant to paragraph (1) of subdivision (a) on the basis of the environmental impairment contemplated by paragraph (3) of subdivision (e), (i) the secured lender shall provide written notice of the default to the borrower, and (ii) the value of the subject real property security shall be established and its environmentally impaired status shall be confirmed by an order of a court of competent jurisdiction in an action brought by the secured lender against the borrower. The complaint for a valuation and confirmation action may include causes of action for a money judgment for all or part of the secured obligation, in which case the waiver of the secured lender’s liens under paragraph (1) of subdivision (a) shall result only if and when a final money judgment is obtained against the borrower. (c) If a secured lender elects the rights and remedies permitted by paragraph (1) of subdivision (a) and the borrower’s obligations are also secured by other real property security, fixtures, or personal property, the secured lender shall first foreclose against the additional collateral to the extent required by applicable law in which case the amount of the judgment of the secured lender pursuant to paragraph (1) of subdivision (a) shall be limited to the extent Section 580a or 580d, or subdivision (b) of Section 726 apply to the foreclosures of additional real property security. The borrower may waive or modify the foreclosure requirements of this subdivision provided that the waiver or modification is in writing and signed by the borrower after default. (d) Subdivision (a) shall be inapplicable if all of the following are true: (1) The release or threatened release was not knowingly or negligently caused or contributed to, or knowingly or willfully permitted or acquiesced to, by any of the following: (A) The borrower or any related party. (B) Any affiliate or agent of the borrower or any related party. (2) In conjunction with the making, renewal, or modification of the loan, extension of credit, guaranty, or other obligation secured by the real property security, neither the borrower, any related party, nor any affiliate or agent of either the borrower or any related party had actual knowledge or notice of the release or threatened release, or if a person had knowledge or notice of the release or threatened release, the borrower made written disclosure thereof to the secured lender after the secured lender’s written request for information concerning the environmental condition of the real property security, or the secured lender otherwise obtained actual knowledge thereof, prior to the making, renewal, or modification of the obligation. (e) For purposes of this section: (1) “Affected parcel” means any portion of a parcel of real property security that is (A) contiguous to the environmentally impaired parcel, even if separated by roads, streets, utility easements, or railroad rights-of-way, (B) part of an approved or proposed subdivision within the meaning of Section 66424 of the Government Code, of which the environmentally impaired parcel is also a part, or (C) within 2,000 feet of the environmentally impaired parcel. (2) “Borrower” means the trustor under a deed of trust, or a mortgagor under a mortgage, where the deed of trust or mortgage encumbers real property security and secures the performance of the trustor or mortgagor under a loan, extension of credit, guaranty, or other obligation. The term includes any successor-in-interest of the trustor or mortgagor to the real property security before the deed of trust or mortgage has been discharged, reconveyed, or foreclosed upon. (3) “Environmentally impaired” means that the estimated costs to clean up and remediate a past or present release or threatened release of any hazardous substance into, onto, beneath, or from the real property security, not disclosed in writing to, or otherwise actually known by, the secured lender prior to the making of the loan or extension of credit secured by the real property security, exceeds 25 percent of the higher of the aggregate fair market value of all security for the loan or extension of credit (A) at the time of the making of the loan or extension of credit, or (B) at the time of the discovery of the release or threatened release by the secured lender. For purposes of this definition, the estimated cost to clean up and remediate the contamination caused by the release or threatened release shall include only those costs that would be incurred reasonably and in good faith, and fair market value shall be determined without giving consideration to the release or threatened release, and shall be exclusive of the amount of all liens and encumbrances against the security that are senior in priority to the lien of the secured lender. Notwithstanding the foregoing, the real property security for any loan or extension of credit secured by a single parcel of real property which is included in the National Priorities List pursuant to Section 9605 of Title 42 of the United States Code, or in any list published by the Department of Toxic Substances Control pursuant to Section 78760 of the Health and Safety Code, shall be deemed to be environmentally impaired. (4) “Hazardous substance” means any of the following: (A) Any “hazardous substance” as defined in subdivision (h) of Section 25281 of the Health and Safety Code. (B) Any “waste” as defined in subdivision (d) of Section 13050 of the Water Code. (C) Petroleum, including crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or any mixture thereof. (5) “Real property security” means any real property and improvements, other than a separate interest and any related interest in the common area of a residential common interest development, as the terms “separate interest,” “common area,” and “common interest development” are defined in Sections 4095, 4100, and 4185 of the Civil Code, or real property which contains only 1 to 15 dwelling units, which in either case (A) is solely used (i) for residential purposes, or (ii) if reasonably contemplated by the parties to the deed of trust or mortgage, for residential purposes as well as limited agricultural or commercial purposes incidental thereto, and (B) is the subject of an issued certificate of occupancy unless the dwelling is to be owned and occupied by the borrower. (6) “Related party” means any person who shares an ownership interest with the borrower in the real property security, or is a partner or joint venturer with the borrower in a partnership or joint venture, the business of which includes the acquisition, development, use, lease, or sale of the real property security. (7) “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including continuing migration, of hazardous substances into, onto, or through soil, surface water, or groundwater. The term does not include actions directly relating to the incorporation in a lawful manner of building materials into a permanent improvement to the real property security. (8) “Secured lender” means the beneficiary under a deed of trust against the real property security, or the mortgagee under a mortgage against the real property security, and any successor-in-interest of the beneficiary or mortgagee to the deed of trust or mortgage. (f) This section shall not be construed to invalidate or otherwise affect in any manner any rights or obligations arising under contract in connection with a loan or extension of credit, including, without limitation, provisions limiting recourse. (g) This section shall only apply to loans, extensions of credit, guaranties, or other obligations secured by real property security made, renewed, or modified on or after January 1, 1992. (Amended by Stats. 2022, Ch. 258, Sec. 8. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  38. 727.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. )

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    If foreclosure sale proceeds leave surplus money after paying the mortgage debt, lien, incumbrance, and costs, the court may order payment to the person entitled and may temporarily deposit the money in court.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. ) ## 727. If there be surplus money remaining, after payment of the amount due on the mortgage, lien, or incumbrance, with costs, the Court may cause the same to be paid to the person entitled to it, and in the meantime may direct it to be deposited in Court. (Enacted 1872.)
  39. 728.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. )

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    When a mortgage debt is only partly due, the sale must stop once enough property has been sold to cover the amount due and costs. The court may later order more property sold as more principal or interest becomes due.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. ) ## 728. If the debt for which the mortgage, lien, or incumbrance is held is not all due, so soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease; and afterwards, as often as more becomes due, for principal or interest, the Court may, on motion, order more to be sold. But if the property cannot be sold in portions, without injury to the parties, the whole may be ordered to be sold in the first instance, and the entire debt and costs paid, there being a rebate of interest where such rebate is proper. (Enacted 1872.)
  40. 729.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. )

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    If a foreclosure decree allows a deficiency judgment, the property must be sold subject to a right of redemption, with stated notice requirements.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. ) ## 729.010. (a) If the decree of foreclosure of a mortgage or deed of trust on real property pursuant to Section 726 determines that a deficiency judgment may be ordered against the defendant, the real property (other than a leasehold estate with an unexpired term of less than two years at the time of levy) shall be sold subject to the right of redemption. (b) If the property is to be sold subject to the right of redemption, the sale is governed by Section 716.020, except that: (1) The notice of sale of the property shall state that the property will be sold subject to the right of redemption and shall state the amount of the secured indebtedness with interest and costs. (2) Notice of sale may be given upon entry of the judgment for sale of the property and the provision of Section 701.545 delaying notice of sale does not apply. (3) Notice of sale may be given to persons having liens on the property upon entry of the judgment for sale of the property and the provision of subdivision (h) of Section 701.540 delaying such notice does not apply. (Added by Stats. 1982, Ch. 497, Sec. 48. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  41. 729.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. )

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    Only the judgment debtor or the judgment debtor’s successor in interest may redeem property sold subject to the right of redemption.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. ) ## 729.020. Property sold subject to the right of redemption may be redeemed only by the judgment debtor or the judgment debtor’s successor in interest. For the purpose of this article, the purchaser of the property at the foreclosure sale is not a successor in interest. (Added by Stats. 1982, Ch. 497, Sec. 49. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  42. 729.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. )

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    This section says when the foreclosure-sale redemption period ends: after 3 months if sale proceeds cover the debt, or after 1 year if they do not.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. ) ## 729.030. The redemption period during which property may be redeemed from a foreclosure sale under this chapter ends: (a) Three months after the date of sale if the proceeds of the sale are sufficient to satisfy the secured indebtedness with interest and costs of action and of sale. (b) One year after the date of sale if the proceeds of the sale are not sufficient to satisfy the secured indebtedness with interest and costs of action and of sale. (Added by Stats. 1982, Ch. 497, Sec. 50. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  43. 729.035.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. )

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    A sale of a separate interest in a common interest development is subject to a 90-day right of redemption when the sale results from an association foreclosure.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. ) ## 729.035. Notwithstanding any provision of law to the contrary, the sale of a separate interest in a common interest development is subject to the right of redemption within 90 days after the sale if the sale arises from a foreclosure by the association of a common interest development pursuant to Sections 5700, 5710, and 5735 of the Civil Code, subject to the conditions of Sections 5705, 5715, and 5720 of the Civil Code. (Amended by Stats. 2012, Ch. 181, Sec. 46. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
  44. 729.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. )

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    When a redemption-sale purchaser pays the amount due, the levying officer must give the buyer a certificate of sale and file a duplicate with the county recorder. The certificate must include specified foreclosure-related information and certain sale details.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. ) ## 729.040. (a) Notwithstanding Section 701.660, when the purchaser of an interest in real property sold subject to the right of redemption pays the amount due, the levying officer conducting the sale shall execute and deliver a certificate of sale to the purchaser and record a duplicate of the certificate of sale in the office of the county recorder. (b) The certificate of sale shall contain either: (1) In the case of a judicial foreclosure, the information required by Section 701.670. (2) In the case of a nonjudicial foreclosure, all of the information required by subdivisions (c), (d), and (e) of Section 701.670. (c) In addition to the information required by subdivision (b), the certificate of sale shall also contain the following: (1) The price paid for each distinct lot or parcel of real property sold subject to the right of redemption. (2) The total price paid. (3) A statement that the property is subject to the right of redemption, indicating the applicable redemption period. (Amended by Stats. 2006, Ch. 575, Sec. 6. Effective January 1, 2007.)
  45. 729.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. )

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    If property is sold subject to a right of redemption, the levying officer or trustee who conducted the sale must promptly serve notice of that right on the judgment debtor.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. ) ## 729.050. If property is sold subject to the right of redemption, promptly after the sale the levying officer or trustee who conducted the sale shall serve notice of the right of redemption on the judgment debtor. Service shall be made personally or by mail. The notice of the right of redemption shall indicate the applicable redemption period. (Amended by Stats. 2006, Ch. 575, Sec. 7. Effective January 1, 2007.)
  46. 729.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. )

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    To redeem foreclosed property, a person must deposit the redemption price with the levying officer before the redemption period ends; a successor in interest must also file proof of interest when making the deposit.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. ) ## 729.060. (a) A person who seeks to redeem the property shall deposit the redemption price with the levying officer who conducted the sale before the expiration of the redemption period. If a successor in interest to the judgment debtor seeks to redeem the property, the successor in interest shall, at the time the redemption price is deposited, file with the levying officer either (1) a certified copy of a recorded conveyance or (2) a copy of an assignment or any other evidence of the interest verified by an affidavit of the successor in interest or of a subscribing witness thereto. (b) The redemption price is the total of the following amounts, less any offset allowed under subdivision (c). (1) The purchase price at the sale. (2) The amount of any assessments or taxes and reasonable amounts for fire insurance, maintenance, upkeep, and repair of improvements on the property. (3) Any amount paid by the purchaser on a prior obligation secured by the property to the extent that the payment was necessary for the protection of the purchaser’s interest. (4) Interest on the amounts described in paragraphs (1), (2), and (3) at the rate of interest on money judgments from the time such amount was paid until the date the deposit is made. (5) If the purchaser at the sale has any liens subordinate to the lien under which the property was sold, the amount of the purchaser’s lien, plus interest at the rate of interest on money judgments from the date of the sale until the date the deposit is made. (c) Rents and profits from the property paid to the purchaser or the value of the use and occupation of the property to the purchaser may be offset against the amounts described in subdivision (b). (Amended by Stats. 1984, Ch. 538, Sec. 32.5.)
  47. 729.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. )

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    If the parties disagree about redemption price or entitlement, the redeeming person may petition the court, but must do so before the redemption period ends and follow the notice, deposit, hearing, and payment steps.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. ) ## 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.)
  48. 729.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. )

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    This section tells the levying officer or trustee what to do when a redemption price is or is not deposited during the redemption period after a mortgage foreclosure sale.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. ) ## 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.)
  49. 729.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. )

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    After a foreclosure sale, the purchaser may collect rents and profits, enter the property at reasonable hours to repair and maintain it, and ask the court for an order stopping waste until redemption.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. ) ## 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.)
  50. 730.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. )

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    In foreclosure of mortgage cases, the court must fix the attorney’s fee, even if the mortgage says otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. ) ## 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.)
  51. 730.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. )

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    This section says the chapter and specified mortgage-foreclosure sections do not apply to security interests in personal property or fixtures governed by the Commercial Code, except as Section 9604 of the Commercial Code provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 1. Actions for the Foreclosure of Mortgages [725a - 730.5] ( Chapter 1 enacted 1872. ) ## 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.)
  52. 731.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. )

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    People affected by a nuisance may sue, and public officials may sue to abate a public nuisance.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. ) ## 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.)
  53. 731.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. )

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    If someone unlawfully closes a public trail, affected users or affected organizations may sue to stop the closure, and the winning party may recover reasonable attorney’s fees and court costs.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. ) ## 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.)
  54. 731a

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. )

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    In zones or districts where certain manufacturing, commercial, or airport uses are expressly allowed, those uses generally cannot be stopped by injunction and are not treated as a nuisance unless unnecessary and injurious operating methods are shown.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. ) ## 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.)
  55. 731b

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. )

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    In an action to abate the use of an airport or airpark, proof that it has existed for three years creates a rebuttable presumption that its operation is not a nuisance.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. ) ## 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.)
  56. 731c

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. )

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    In these oil and gas recovery cases, the migration-related injury is not by itself a basis to stop the recovery operations if an undertaking is provided for compensable damages.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. ) ## 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.)
  57. 732.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. )

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    Certain holders of real property must not commit waste; an aggrieved person may sue and may recover treble damages.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. ) ## 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.)
  58. 733.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. )

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    A person who unlawfully cuts, carries off, or injures certain wood or trees on another's land or specified public areas may be liable for treble damages.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. ) ## 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.)
  59. 734.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. )

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    Recovery is limited to the just value of timber taken from uncultivated woodland for repairing a public highway or bridge on or adjoining the land.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. ) ## 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.)
  60. 735.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. )

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    If someone recovers damages for forcible or unlawful entry or detention involving a building or cultivated real property, the judgment may award three times the assessed actual damages.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. ) ## 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.)
  61. 736.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. )

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    A secured lender may sue a borrower to enforce an environmental provision tied to real property security and recover only limited categories of damages.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property [731 - 736] ( Chapter 2 enacted 1872. ) ## 736. (a) Notwithstanding any other provision of law, a secured lender may bring an action for breach of contract against a borrower for breach of any environmental provision made by the borrower relating to the real property security, for the recovery of damages, and for the enforcement of the environmental provision, and that action or failure to foreclose first against collateral shall not constitute an action within the meaning of subdivision (a) of Section 726, or constitute a money judgment for a deficiency or a deficiency judgment within the meaning of Section 580a, 580b, or 580d, or subdivision (b) of Section 726. No injunction for the enforcement of an environmental provision may be issued after (1) the obligation secured by the real property security has been fully satisfied, or (2) all of the borrower’s rights, title, and interest in and to the real property security has been transferred in a bona fide transaction to an unaffiliated third party for fair value. (b) The damages a secured lender may recover pursuant to subdivision (a) shall be limited to reimbursement or indemnification of the following: (1) If not pursuant to an order of any federal, state, or local governmental agency relating to the cleanup, remediation, or other response action required by applicable law, those costs relating to a reasonable and good faith cleanup, remediation, or other response action concerning a release or threatened release of hazardous substances which is anticipated by the environmental provision. (2) If pursuant to an order of any federal, state, or local governmental agency relating to the cleanup, remediation, or other response action required by applicable law which is anticipated by the environmental provision, all amounts reasonably advanced in good faith by the secured lender in connection therewith, provided that the secured lender negotiated, or attempted to negotiate, in good faith to minimize the amounts it was required to advance under the order. (3) Indemnification against all liabilities of the secured lender to any third party relating to the breach and not arising from acts, omissions, or other conduct which occur after the borrower is no longer an owner or operator of the real property security, and provided the secured lender is not responsible for the environmentally impaired condition of the real property security in accordance with the standards set forth in subdivision (d) of Section 726.5. For purposes of this paragraph, the term “owner or operator” means those persons described in Section 101(20)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601, et seq.). (4) Attorneys’ fees and costs incurred by the secured lender relating to the breach. The damages a secured lender may recover pursuant to subdivision (a) shall not include (i) any part of the principal amount or accrued interest of the secured obligation, except for any amounts advanced by the secured lender to cure or mitigate the breach of the environmental provision that are added to the principal amount, and contractual interest thereon, or (ii) amounts which relate to a release which was knowingly permitted, caused, or contributed to by the secured lender or any affiliate or agent of the secured lender. (c) A secured lender may not recover damages against a borrower pursuant to subdivision (a) for amounts advanced or obligations incurred for the cleanup or other remediation of real property security, and related attorneys’ fees and costs, if all of the following are true: (1) The original principal amount of, or commitment for, the loan or other obligation secured by the real property security did not exceed two hundred thousand dollars ($200,000). (2) In conjunction with the secured lender’s acceptance of the environmental provision, the secured lender agreed in writing to accept the real property security on the basis of a completed environmental site assessment and other relevant information from the borrower. (3) The borrower did not permit, cause, or contribute to the release or threatened release. (4) The deed of trust or mortgage covering the real property security has not been discharged, reconveyed, or foreclosed upon. (d) This section is not intended to establish, abrogate, modify, limit, or otherwise affect any cause of action other than that provided by subdivision (a) that a secured lender may have against a borrower under an environmental provision. (e) This section shall apply only to environmental provisions contracted in conjunction with loans, extensions of credit, guaranties, or other obligations made, renewed, or modified on or after January 1, 1992. Notwithstanding the foregoing, this section shall not be construed to validate, invalidate, or otherwise affect in any manner the rights and obligations of the parties to, or the enforcement of, environmental provisions contracted before January 1, 1992. (f) For purposes of this section: (1) “Borrower” means the trustor under a deed of trust, or a mortgagor under a mortgage, where the deed of trust or mortgage encumbers real property security and secures the performance of the trustor or mortgagor under a loan, extension of credit, guaranty, or other obligation. The term includes any successor-in-interest of the trustor or mortgagor to the real property security before the deed of trust or mortgage has been discharged, reconveyed, or foreclosed upon. (2) “Environmental provision” means any written representation, warranty, indemnity, promise, or covenant relating to the existence, location, nature, use, generation, manufacture, storage, disposal, handling, or past, present, or future release or threatened release, of any hazardous substance into, onto, beneath, or from the real property security, or to past, present, or future compliance with any law relating thereto, made by a borrower in conjunction with the making, renewal, or modification of a loan, extension of credit, guaranty, or other obligation involving the borrower, whether or not the representation, warranty, indemnity, promise, or covenant is or was contained in or secured by the deed of trust or mortgage, and whether or not the deed of trust or mortgage has been discharged, reconveyed, or foreclosed upon. (3) “Hazardous substance” means any of the following: (A) Any “hazardous substance” as defined in subdivision (h) of Section 25281 of the Health and Safety Code. (B) Any “waste” as defined in subdivision (d) of Section 13050 of the Water Code. (C) Petroleum, including crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or any mixture thereof. (4) “Real property security” means any real property and improvements, other than a separate interest and any related interest in the common area of a residential common interest development, as the terms “separate interest,” “common area,” and “common interest development” are defined in Sections 4095, 4100, and 4185 of the Civil Code, or real property which contains only 1 to 15 dwelling units, which in either case (A) is solely used (i) for residential purposes, or (ii) if reasonably contemplated by the parties to the deed of trust or mortgage, for residential purposes as well as limited agricultural or commercial purposes incidental thereto, and (B) is the subject of an issued certificate of occupancy unless the dwelling is to be owned and occupied by the borrower. (5) “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including continuing migration, of hazardous substances into, onto, or through soil, surface water, or groundwater. The term does not include actions directly relating to the incorporation in a lawful manner of building materials into a permanent improvement to the real property security. (6) “Secured lender” means the beneficiary under a deed of trust against the real property security, or the mortgagee under a mortgage against the real property security, and any successor-in-interest of the beneficiary or mortgagee to the deed of trust or mortgage. (Amended by Stats. 2012, Ch. 181, Sec. 47. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
  62. 73c

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Superior Courts [71 - 77] ( Chapter 4 added by Code Amendments 1880, Ch. 35. )

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    Certain superior court judges may, in their discretion, hold hearings about selling, exchanging, or otherwise disposing of a savings and loan association’s property when the Commissioner of Financial Institutions has taken possession of the association’s business, property, and assets.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Superior Courts [71 - 77] ( Chapter 4 added by Code Amendments 1880, Ch. 35. ) ## 73c. Notwithstanding anything to the contrary contained in any other law of this state, the judges of the superior court of the county in which is located the principal office in this state of any savings and loan association of whose business, property and assets possession shall have been taken by the Commissioner of Financial Institutions, may, in their discretion, whenever those judges deem it necessary or advisable, hold hearings relating to the sale, exchange or other disposition of any parcel of real property or any item of personal property of the association, regardless of the location of the property, at the county seat of any county in this state or at the places in the county in which the principal office in this state of the association is located at which sessions of the superior court are held. (Amended by Stats. 2003, Ch. 149, Sec. 1. Effective January 1, 2004.)
  63. 73d

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Superior Courts [71 - 77] ( Chapter 4 added by Code Amendments 1880, Ch. 35. )

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    If certain court officers must travel to another county under Section 73c, they are allowed necessary travel and attendance expenses, and those expenses are paid from the association’s funds by the Commissioner of Financial Institutions when ordered by the court.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Superior Courts [71 - 77] ( Chapter 4 added by Code Amendments 1880, Ch. 35. ) ## 73d. Whenever, under Section 73c, it becomes necessary for a judge, clerk, deputy clerk, court reporter or bailiff of or sitting in the superior court of the county in this state in which is located the principal office of any savings and loan association whose business, property and assets are in the possession of the Commissioner of Financial Institutions, to travel to another county, there temporarily to attend hearings relating to the sale, exchange or other disposition of real or personal property of the association, each judge, clerk, deputy clerk, court reporter or bailiff shall be allowed the necessary expenses in going to, returning from and attending upon the business of the court. The expenses shall, upon order of the court, be a charge against the funds of the association and paid out of those funds by the Commissioner of Financial Institutions. (Amended by Stats. 2003, Ch. 149, Sec. 2. Effective January 1, 2004.)
  64. 73e

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Superior Courts [71 - 77] ( Chapter 4 added by Code Amendments 1880, Ch. 35. )

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    Certain superior court judges may order court sessions for specified juvenile cases to be held or continued in the county where the juvenile hall is located, instead of elsewhere.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Superior Courts [71 - 77] ( Chapter 4 added by Code Amendments 1880, Ch. 35. ) ## 73e. Notwithstanding any other provisions of law, in each county wherein the juvenile hall is not located at the county seat of the county, a majority of the judges of the superior court in and for such county may by an order filed with the clerk of the court direct that a session or sessions of the superior court, while sitting for the purpose of hearing and determining cases and proceedings arising under Chapter 2 of Part 1 of Division 2 or Chapter 2 of Part 1 of Division 6 or Chapter 4 of Part 4 of Division 6 of the Welfare and Institutions Code, may be held or continued in any place in the county in which the juvenile hall is located and thereafter such session or sessions of the court may be held or continued in the location designated in such order. In a county having two superior court judges the presiding judge may make the order. (Amended by Stats. 2002, Ch. 784, Sec. 24. Effective January 1, 2003.)
  65. 74.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Superior Courts [71 - 77] ( Chapter 4 added by Code Amendments 1880, Ch. 35. )

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    Adjournments are treated as recesses, and they do not stop the court from sitting at any time.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Superior Courts [71 - 77] ( Chapter 4 added by Code Amendments 1880, Ch. 35. ) ## 74. Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the Court from sitting at any time. (Repealed and added by Code Amendments 1880, Ch. 35.)
  66. 740.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. )

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    In a property-recovery action, if the plaintiff's right existed when the case began but ends while the case is pending, the verdict and judgment must match that fact, and the plaintiff may recover damages for withholding the property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. ) ## 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.)
  67. 741.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. )

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    If damages are claimed for withholding recovered property, the value added by improvements made by a defendant or predecessor in interest as a good faith improver must be allowed as a setoff.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. ) ## 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.)
  68. 742.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. )

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    A court may let a party enter real property to survey and measure it, including tunnels, shafts, or drifts, if the case is for recovery of the property or damages for injury to it and good cause is shown.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. ) ## 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.)
  69. 743.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. )

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    The order must describe the property, a copy must be served on the owner or occupant, and the party may then enter to survey and measure the property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. ) ## 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.)
  70. 744.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. )

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    A mortgage of real property cannot be treated as a conveyance just to let the mortgage holder recover possession without foreclosure and sale.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. ) ## 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.)
  71. 745.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. )

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    The court may issue an injunction, for good cause, to stop a person in possession from damaging real property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. ) ## 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.)
  72. 746.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. )

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    After a real property sale under levy, the purchaser or the purchaser’s successor may recover damages for injury to the property that happens after levy and before possession is delivered.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. ) ## 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.)
  73. 747.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. )

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    A person in possession cannot use an alienation to defeat an action for recovery of real property against them.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. ) ## 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.)
  74. 748.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. )

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    In actions about mining claims, evidence of local customs, usages, or regulations must be admitted, and those customs, usages, or regulations control the decision if they do not conflict with state law.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. ) ## 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.)
  75. 749.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. )

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    This section allows treble damages in certain homeowner or trustor actions involving a forged deed of trust on a single-family residence with up to four dwelling units.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. ) ## 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.)
  76. 749.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. )

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    In certain actions for damages involving a forged trust deed on a single-family residence, the plaintiff may recover treble damages.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property [740 - 749.5] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 44, Sec. 3. ) ## 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.)
  77. 75.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Superior Courts [71 - 77] ( Chapter 4 added by Code Amendments 1880, Ch. 35. )

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    A county superior court may adopt a rule treating certain noncontested matters as submitted when all judges are absent from the county.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Superior Courts [71 - 77] ( Chapter 4 added by Code Amendments 1880, Ch. 35. ) ## 75. The superior court in any county may by rule provide that, whenever all judges are absent from the county, any noncontested matter in which no evidence is required, or which may be submitted upon affidavits, shall be deemed submitted upon the filing with the clerk of a statement of submission by the party or the party’s attorney or upon the date set for the hearing. (Amended by Stats. 2002, Ch. 784, Sec. 25. Effective January 1, 2003.)
  78. 751.01.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

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    This chapter may be cited as the Destroyed Land Records Relief Law.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 751.01. This chapter may be cited as the Destroyed Land Records Relief Law. (Added by Stats. 1953, Ch. 52.)
  79. 751.02.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

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    A qualifying property possessor may file an in rem action in superior court to establish title and resolve adverse claims when county recorder records have been lost or destroyed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  80. 751.03.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

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    A plaintiff may include any number of separate parcels of land in the same action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  81. 751.04.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

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    To start an action under this section, the party must file a verified complaint and be named as plaintiff.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  82. 751.05.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

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    After the complaint is filed, a summons must be issued and must tell certain property claimants to appear and answer within three months after first publication.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  83. 751.06.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

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    A summons must be published in a county newspaper of general circulation, and the court or a judge must designate the newspaper by signed, filed order.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  84. 751.07.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

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    If an affidavit shows someone claims an adverse interest or lien in the property, that information and the person’s name and address must be included in a memorandum attached to the summons.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  85. 751.08.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

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    A copy of the summons and memorandum must be posted conspicuously on each separate parcel of the property described in the complaint within 15 days after the summons is first published.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  86. 751.09.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

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    A plaintiff filing this complaint must file an affidavit at the same time and include specified property and ownership details.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  87. 751.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

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    If the affidavit names a person with an adverse interest or lien, that person must be served with the summons, complaint, and affidavit if found, and the service must occur during publication.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  88. 751.11.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

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    After the summons is published and posted, and served or mailed as required, the court gets complete jurisdiction over the plaintiff, the property, and interested persons.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  89. 751.12.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

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    A person claiming an estate, right, title, interest, or lien in the property may join the action within 3 months after the summons is first published, or up to 30 days longer if the court allows for good cause. Any answer filed must be verified and must specifically state the claimed interest.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  90. 751.13.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    The plaintiff, and certain defendants seeking affirmative relief, must record a notice of pendency in the county recorder’s office when filing the complaint or answer.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  91. 751.14.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    In these actions, a court may not enter judgment by default and must require proof of the facts stated in the complaint and other pleadings.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  92. 751.15.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    The judgment must determine all interests in the property covered by the action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  93. 751.16.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    A party, or a party’s successor in interest, may file the entire judgment roll with the county recorder.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  94. 751.17.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    This section says that, unless the chapter says otherwise, the usual rules for evidence, pleadings, practice, new trials, and appeals in civil actions also apply to these actions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  95. 751.18.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    After summons issues, a party may take depositions if notice is given to the adverse party, the adverse party has appeared, and notice is filed with the clerk.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  96. 751.19.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    The clerk must number all actions under this chapter in sequence and keep a separate index and register for them.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  97. 751.20.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    Before another action about the same real property can be tried, the court must first be shown proof that everyone who appeared in the first case, or their successors, was personally served more than one month before the pleading deadline expired.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  98. 751.21.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    Certain fiduciaries or similar holders of property may sue as plaintiff and may also appear and defend in actions under this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  99. 751.22.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    The remedies under this chapter are cumulative and add to any other remedy available by law for quieting or establishing title to real property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  100. 751.23.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    A person who owns, or claims to own, real property or an interest or lien in it may sign, verify, and file a notice with the county recorder in the specified form.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  101. 751.24.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    The notice must be signed by the claimant or the claimant’s agent, and the signer must verify under oath that the statements are true to their knowledge.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  102. 751.25.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    When a notice for recordation is filed, the recorder must record it.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  103. 751.26.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    After the notice is filed for record, people who may bring actions under this chapter are treated as having notice after three days. Filing or recording the notice does not count as constructive notice to anyone else or for any other purpose.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  104. 751.27.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    A person suing to establish or perfect title to the land must name the claimant or successor in interest in the affidavit and memorandum and must serve that person with summons.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  105. 751.28.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    Certain representatives may sign and file the chapter’s notice and affidavit for record on behalf of the estate or interest they represent.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.5. Actions to Re-establish Destroyed Land Records [751.01 - 751.28] ( Chapter 3.5 added by Stats. 1953, Ch. 52. ) ## 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.)
  106. 751.50.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. )

    Verify source ↗

    When land boundaries have been disturbed by earth movements or similar disasters, an in rem action may be brought to restore the boundaries and quiet title.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. ) ## 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.)
  107. 751.51.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. )

    Verify source ↗

    This section says which counties, cities, and other interested parties may start an action under the chapter, and it requires certain known land-interest holders and public bodies to be named in the complaint and notified.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. ) ## 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.)
  108. 751.52.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. )

    Verify source ↗

    A permissive plaintiff may file a separate action for different portions of the disaster area, if the portions are large enough to reestablish boundaries without harming other areas, and the court must approve the plaintiff’s decisions about whether to do so and what area each action covers.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. ) ## 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.)
  109. 751.53.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. )

    Verify source ↗

    A complaint under this chapter must include specific facts, property descriptions, known interests, street areas to be vacated, and a proposed replatting.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. ) ## 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.)
  110. 751.54.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. )

    Verify source ↗

    Summons, notice publication, posting, and related procedures are governed by Sections 751.05 to 751.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. ) ## 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.)
  111. 751.55.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. )

    Verify source ↗

    After service, publication, and posting of the summons are completed as required, the court gets complete jurisdiction over the parties, the property, and anyone claiming an interest in it.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. ) ## 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.)
  112. 751.56.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. )

    Verify source ↗

    An answer to the complaint must be served within 90 days after first publication of the notice, unless the court grants up to 30 extra days for good cause.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. ) ## 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.)
  113. 751.57.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. )

    Verify source ↗

    A party to an action authorized by this chapter may file a notice of the pendency of the action, following the form, place, and legal effects required by law.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. ) ## 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.)
  114. 751.58.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. )

    Verify source ↗

    An affected governmental agency may vacate streets, highways, or other public ways in or near the disaster area through an offer in the proceedings and court acceptance, without other legal formalities.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. ) ## 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.)
  115. 751.59.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. )

    Verify source ↗

    In cases covered by this chapter, the court cannot enter judgment by default and must require proof of the facts alleged in the complaint and other pleadings.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. ) ## 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.)
  116. 751.60.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. )

    Verify source ↗

    A judgment under this section must determine parcel boundaries, identify interests in each parcel, and approve filing of an official map for the affected area.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. ) ## 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.)
  117. 751.61.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. )

    Verify source ↗

    The court must account for disaster-caused land boundary changes, while using equitable boundary adjustments and allocation of released public-way land to nearby lots when possible.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. ) ## 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.)
  118. 751.62.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. )

    Verify source ↗

    A judgment is conclusive on land boundaries for entities with an estate, right, title, interest, or lien in the affected real property, and for those who claim under them later.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. ) ## 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.)
  119. 751.63.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. )

    Verify source ↗

    The plaintiff or plaintiffs must record a certified copy of the judgment in the county recorder’s office for the county where the affected land is located, and they must pay the recording cost.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. ) ## 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.)
  120. 751.64.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. )

    Verify source ↗

    The chapter’s remedies are cumulative and add to any other remedy allowed by law for quieting or establishing title to real property or its boundaries.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. ) ## 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.)
  121. 751.65.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. )

    Verify source ↗

    This chapter may be cited as the Cullen Earthquake Act.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 3.6. Cullen Earthquake Act [751.50 - 751.65] ( Chapter 3.6 added by Stats. 1972, Ch. 936. ) ## 751.65. This chapter may be cited as the Cullen Earthquake Act. (Added by Stats. 1972, Ch. 936.)
  122. 760.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 1. General Provisions [760.010 - 760.060] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    This section defines “claim” and “property” for this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 1. General Provisions [760.010 - 760.060] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  123. 760.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 1. General Provisions [760.010 - 760.060] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    This section allows a quiet title action to be brought to establish title against adverse claims, and allows parties to certain Public Resources Code agreements to sue to confirm the agreement’s validity.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 1. General Provisions [760.010 - 760.060] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  124. 760.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 1. General Provisions [760.010 - 760.060] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    This chapter’s remedy is cumulative, not exclusive, and a court may require the issue to be resolved under this chapter when title is in dispute, if a party moves for it and it is practicable.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 1. General Provisions [760.010 - 760.060] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  125. 760.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 1. General Provisions [760.010 - 760.060] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    The superior court has jurisdiction over quiet title actions under this chapter and may grant equitable relief if proper.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 1. General Provisions [760.010 - 760.060] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  126. 760.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 1. General Provisions [760.010 - 760.060] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    This section says which county is the proper venue for a quiet title action, subject to the court’s power to transfer the case.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 1. General Provisions [760.010 - 760.060] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  127. 760.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 1. General Provisions [760.010 - 760.060] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    General civil-action practice rules apply to actions under this chapter unless they conflict with this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 1. General Provisions [760.010 - 760.060] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  128. 761.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 2. Commencement of Action [761.010 - 761.040] ( Article 2 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    A quiet title action starts when a complaint is filed, and the plaintiff must immediately file a notice of pendency with the county recorder in each county where the described real property is located.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 2. Commencement of Action [761.010 - 761.040] ( Article 2 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  129. 761.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 2. Commencement of Action [761.010 - 761.040] ( Article 2 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    A quiet title complaint must be verified and must include specified information about the property, the plaintiff’s title, adverse claims, the date for determination, and a request for title determination.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 2. Commencement of Action [761.010 - 761.040] ( Article 2 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  130. 761.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 2. Commencement of Action [761.010 - 761.040] ( Article 2 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    A defendant’s answer in a quiet title action must be verified and must include the defendant’s claims, facts controverting complaint allegations, and any new defensive matter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 2. Commencement of Action [761.010 - 761.040] ( Article 2 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  131. 761.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 2. Commencement of Action [761.010 - 761.040] ( Article 2 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    A defendant may seek affirmative relief by cross-complaint, and if the defendant wants a title determination for a different date than the one in the complaint, the cross-complaint must state that date and explain why.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 2. Commencement of Action [761.010 - 761.040] ( Article 2 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  132. 762.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    In a quiet title action, the plaintiff must name as defendants the persons who have adverse claims to the plaintiff’s title.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  133. 762.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    If a required defendant’s name or claim details are unknown, the plaintiff must say so in the complaint and, in some cases, identify the known person whose interest would have passed to the claim.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  134. 762.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    A plaintiff must join a known personal representative as a defendant when the required defendant is dead, and must file an affidavit stating relevant facts if no personal representative is known. The plaintiff may also join the deceased person’s successors in specified form.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  135. 762.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    In a quiet title case, the court may act on its own motion and must act when a party moves, making appropriate orders including joinder of necessary or proper additional parties and an order requiring the plaintiff to obtain and make available a title report.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  136. 762.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    A person claiming the property in the complaint may appear in the proceeding, and must appear as a defendant even if not named that way in the complaint.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  137. 762.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    In a quiet title action, the plaintiff may name unknown claimants as defendants, and must name known or reasonably apparent adverse claimants; if the plaintiff admits an adverse claim is valid, the complaint must say so.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  138. 762.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    An unknown defendant who is named and served gets the same rights as other defendants named and served.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  139. 762.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    The court may, on its own motion, or must, on a party’s motion, make orders appointing guardians ad litem when needed to protect a party’s interest.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  140. 762.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    The state may be joined as a party in a quiet title action under this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 3. Defendants [762.010 - 762.090] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  141. 763.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 4. Service of Process [763.010 - 763.040] ( Article 4 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    If the court is satisfied by affidavit that reasonable diligence was used to locate and serve certain people, it must order service by publication; it may also appoint a referee and rely on the referee’s report.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 4. Service of Process [763.010 - 763.040] ( Article 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  142. 763.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 4. Service of Process [763.010 - 763.040] ( Article 4 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    If the court orders service by publication, the plaintiff must post the summons and complaint on the property within 10 days and record a notice of pendency if it has not already been recorded. The publication must describe the property and include its street address or other common designation if any.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 4. Service of Process [763.010 - 763.040] ( Article 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  143. 763.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 4. Service of Process [763.010 - 763.040] ( Article 4 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    If the court orders service by publication, the publication may name only the defendants and describe only the property they claim interests in. A judgment against a defendant who does not appear and answer after this service is conclusive only as to the property described in the publication.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 4. Service of Process [763.010 - 763.040] ( Article 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  144. 763.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 4. Service of Process [763.010 - 763.040] ( Article 4 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    If the court orders service by publication, it must require proof before hearing the case that the summons was served, posted, and published as required, and that the notice of pendency of action was filed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 4. Service of Process [763.010 - 763.040] ( Article 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  145. 764.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 5. Judgment [764.010 - 764.080] ( Article 5 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    The court must decide the plaintiff’s title against all defendants’ claims, cannot enter a default judgment, must require and hear evidence, and must decide according to the evidence and the law.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 5. Judgment [764.010 - 764.080] ( Article 5 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  146. 764.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 5. Judgment [764.010 - 764.080] ( Article 5 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    In a quiet-title action involving a will or purported will, the will may be used as evidence, the validity questions are decided in that action, and a prior probate interpretation can be conclusive; a party still keeps any jury-trial right given by law.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 5. Judgment [764.010 - 764.080] ( Article 5 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  147. 764.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 5. Judgment [764.010 - 764.080] ( Article 5 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    This section says the judgment is binding and conclusive on certain people with claims to the property, including parties and some nonparties.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 5. Judgment [764.010 - 764.080] ( Article 5 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  148. 764.045.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 5. Judgment [764.010 - 764.080] ( Article 5 added by Stats. 1980, Ch. 44, Sec. 15. )

    Verify source ↗

    A judgment in a quiet title action generally does not affect a nonparty’s property claim if the claim was already of record or was known, or reasonably discoverable, when the lis pendens was filed or the judgment was recorded/entered.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 5. Judgment [764.010 - 764.080] ( Article 5 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  149. 764.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 5. Judgment [764.010 - 764.080] ( Article 5 added by Stats. 1980, Ch. 44, Sec. 15. )

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    Relief attacking a judgment must not impair the rights of a purchaser or encumbrancer for value who relied on the judgment and did not know of defects or irregularities.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 5. Judgment [764.010 - 764.080] ( Article 5 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  150. 764.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 5. Judgment [764.010 - 764.080] ( Article 5 added by Stats. 1980, Ch. 44, Sec. 15. )

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    This section says the judgment in the action is not binding on the state or the United States unless the specified joining and federal-law conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 5. Judgment [764.010 - 764.080] ( Article 5 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  151. 764.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 5. Judgment [764.010 - 764.080] ( Article 5 added by Stats. 1980, Ch. 44, Sec. 15. )

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    For certain quiet title actions tied to agreements under Public Resources Code sections 6307 or 6357, the court must hear evidence, issue a statement of decision, and, if the agreement is valid, enter judgment quieting title accordingly.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 5. Judgment [764.010 - 764.080] ( Article 5 added by Stats. 1980, Ch. 44, Sec. 15. ) ## 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.)
  152. 765.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 6. Liens and Encumbrances [765.010 - 765.060] ( Article 6 added by Stats. 1998, Ch. 779, Sec. 2. )

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    A person must not knowingly file or direct the filing of a false lawsuit, lien, or other encumbrance to harass someone or interfere with a public officer or employee’s duties. An affected property owner may ask the superior court for relief, and the hearing must be set at least 14 days after the order.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 6. Liens and Encumbrances [765.010 - 765.060] ( Article 6 added by Stats. 1998, Ch. 779, Sec. 2. ) ## 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.)
  153. 765.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 6. Liens and Encumbrances [765.010 - 765.060] ( Article 6 added by Stats. 1998, Ch. 779, Sec. 2. )

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    A petition under this article must state the grounds for relief and be supported by an affidavit from the petitioner or the petitioner’s attorney.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 6. Liens and Encumbrances [765.010 - 765.060] ( Article 6 added by Stats. 1998, Ch. 779, Sec. 2. ) ## 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.)
  154. 765.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 6. Liens and Encumbrances [765.010 - 765.060] ( Article 6 added by Stats. 1998, Ch. 779, Sec. 2. )

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    If the court finds a lien or other encumbrance violates Section 765.010, it must strike and release it; if valid, it must state that, and it may award costs and reasonable attorney’s fees. The court may also order the resulting order recorded.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 6. Liens and Encumbrances [765.010 - 765.060] ( Article 6 added by Stats. 1998, Ch. 779, Sec. 2. ) ## 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.)
  155. 765.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 6. Liens and Encumbrances [765.010 - 765.060] ( Article 6 added by Stats. 1998, Ch. 779, Sec. 2. )

    Verify source ↗

    A lien or encumbrance claimant who files or directs the filing of a lawsuit, lien, or other encumbrance in violation of Section 765.010 can be liable for a civil penalty of up to $5,000.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 6. Liens and Encumbrances [765.010 - 765.060] ( Article 6 added by Stats. 1998, Ch. 779, Sec. 2. ) ## 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.)
  156. 765.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 6. Liens and Encumbrances [765.010 - 765.060] ( Article 6 added by Stats. 1998, Ch. 779, Sec. 2. )

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    This article does not apply to certain documents that serve as claims of encumbrance by specified financial institutions or public entities.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 6. Liens and Encumbrances [765.010 - 765.060] ( Article 6 added by Stats. 1998, Ch. 779, Sec. 2. ) ## 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.)
  157. 765.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 6. Liens and Encumbrances [765.010 - 765.060] ( Article 6 added by Stats. 1998, Ch. 779, Sec. 2. )

    Verify source ↗

    A state or local agency may provide counsel for a public officer or employee if a lien or other encumbrance is filed or recorded against them in violation of Section 765.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4. Quiet Title [760.010 - 765.060] ( Chapter 4 added by Stats. 1980, Ch. 44, Sec. 15. ) ## ARTICLE 6. Liens and Encumbrances [765.010 - 765.060] ( Article 6 added by Stats. 1998, Ch. 779, Sec. 2. ) ## 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.)
  158. 77.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Superior Courts [71 - 77] ( Chapter 4 added by Code Amendments 1880, Ch. 35. )

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    This section sets up and governs appellate divisions of superior courts, including how judges are assigned, who may participate, how decisions are made, and when traffic-infraction appeals may be heard by one judge.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 4. Superior Courts [71 - 77] ( Chapter 4 added by Code Amendments 1880, Ch. 35. ) ## 77. (a) In every county there is an appellate division of the superior court consisting of three judges or, when the Chief Justice finds it necessary, four judges. The Chief Justice shall assign judges to the appellate division for specified terms pursuant to rules, not inconsistent with statute, adopted by the Judicial Council to promote the independence and quality of each appellate division. Each judge assigned to the appellate division of a superior court shall be a judge of that court, a judge of the superior court of another county, or a judge retired from the superior court or a court of higher jurisdiction in this state. The Chief Justice shall designate one of the judges of each appellate division as the presiding judge of the division. (b) In each appellate division, no more than three judges shall participate in a hearing or decision. The presiding judge of the division shall designate the three judges who shall participate. (c) In addition to their other duties, the judges designated as members of the appellate division of the superior court shall serve for the period specified in the order of designation. Whenever a judge is designated to serve in the appellate division of the superior court of a county other than the county in which that judge was elected or appointed as a superior court judge, or if the judge is retired, in a county other than the county in which the judge resides, the judge shall receive expenses for travel, board, and lodging. If the judge is out of the judge’s county overnight or longer, by reason of the designation, that judge shall be paid a per diem allowance in lieu of expenses for board and lodging in the same amounts as are payable for those purposes to justices of the Supreme Court under the rules of the Department of General Services. In addition, a retired judge shall receive for the time so served, amounts equal to that which the judge would have received if the judge had been assigned to the superior court of the county. (d) The concurrence of two judges of the appellate division of the superior court shall be necessary to render the decision in every case in, and to transact any other business except business that may be done at chambers by the presiding judge of, the division. A judgment of the appellate division in an appeal shall contain a brief statement of the reasons for the judgment. A judgment stating only “affirmed” or “reversed” is insufficient. The presiding judge shall convene the appellate division when necessary. The presiding judge shall also supervise its business and transact any business that may be done at chambers. (e) The appellate division of the superior court has jurisdiction on appeal in all cases in which an appeal may be taken to the superior court or the appellate division of the superior court as provided by law, except where the appeal is a retrial in the superior court. (f) The powers of each appellate division shall be the same as are now or may hereafter be provided by law or rule of the Judicial Council relating to appeals to the appellate division of the superior courts. (g) The Judicial Council shall promulgate rules, not inconsistent with law, to promote the independence of, and govern the practice and procedure and the disposition of the business of, the appellate division. (h) Notwithstanding subdivisions (b) and (d), appeals from convictions of traffic infractions may be heard and decided by one judge of the appellate division of the superior court. (Amended by Stats. 2018, Ch. 92, Sec. 40. (SB 1289) Effective January 1, 2019.)
  159. 770.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 1. Identity of Person in Chain of Title [770.010 - 770.080] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 16. )

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    This section defines several terms used in the article, including “acquired,” “property,” “subsequent owner,” and “transfer.”

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 1. Identity of Person in Chain of Title [770.010 - 770.080] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 16. ) ## 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.)
  160. 770.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 1. Identity of Person in Chain of Title [770.010 - 770.080] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 16. )

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    A proceeding is authorized to determine who is who when property is recorded or acquired under different names.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 1. Identity of Person in Chain of Title [770.010 - 770.080] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 16. ) ## 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.)
  161. 770.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 1. Identity of Person in Chain of Title [770.010 - 770.080] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 16. )

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    This proceeding must be brought in the superior court of the county where the property, or part of it, is located.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 1. Identity of Person in Chain of Title [770.010 - 770.080] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 16. ) ## 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.)
  162. 770.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 1. Identity of Person in Chain of Title [770.010 - 770.080] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 16. )

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    A subsequent owner of the property may start this proceeding by filing a petition with the court. Before the hearing date, any person interested in the property may answer the petition and deny its contents.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 1. Identity of Person in Chain of Title [770.010 - 770.080] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 16. ) ## 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.)
  163. 770.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 1. Identity of Person in Chain of Title [770.010 - 770.080] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 16. )

    Verify source ↗

    A petitioner must verify the petition, and may include specified identifying and property details in a petition to determine the identity of persons in a chain of title.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 1. Identity of Person in Chain of Title [770.010 - 770.080] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 16. ) ## 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.)
  164. 770.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 1. Identity of Person in Chain of Title [770.010 - 770.080] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 16. )

    Verify source ↗

    When a petition is filed, the clerk must set it for hearing, and the petitioner must post hearing notices in the required places at least 10 days before the hearing.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 1. Identity of Person in Chain of Title [770.010 - 770.080] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 16. ) ## 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.)
  165. 770.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 1. Identity of Person in Chain of Title [770.010 - 770.080] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 16. )

    Verify source ↗

    The court must hear the evidence and enter a decree identifying the person or persons named in the petition; an aggrieved party may appeal.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 1. Identity of Person in Chain of Title [770.010 - 770.080] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 16. ) ## 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.)
  166. 770.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 1. Identity of Person in Chain of Title [770.010 - 770.080] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 16. )

    Verify source ↗

    After a decree becomes final, it is prima facie evidence of the matters decided and the described person's identity is presumed as stated; a certified copy must be recorded with the county recorder in every county where part of the property is located.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 1. Identity of Person in Chain of Title [770.010 - 770.080] ( Article 1 added by Stats. 1980, Ch. 44, Sec. 16. ) ## 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.)
  167. 771.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 2. Land Dedicated for Public Improvement [771.010 - 771.020] ( Article 2 added by Stats. 1980, Ch. 44, Sec. 16. )

    Verify source ↗

    If a dedication of real property for public improvement was proposed by filing a map only, the law presumes it was not accepted when the listed conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 2. Land Dedicated for Public Improvement [771.010 - 771.020] ( Article 2 added by Stats. 1980, Ch. 44, Sec. 16. ) ## 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.)
  168. 771.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 2. Land Dedicated for Public Improvement [771.010 - 771.020] ( Article 2 added by Stats. 1980, Ch. 44, Sec. 16. )

    Verify source ↗

    A person may bring an action to clear title to real property from a proposed dedication for public improvement if there is a conclusive presumption that the dedication was not accepted.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 2. Land Dedicated for Public Improvement [771.010 - 771.020] ( Article 2 added by Stats. 1980, Ch. 44, Sec. 16. ) ## 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.)
  169. 772.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 3. Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease [772.010 - 772.060] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 16. )

    Verify source ↗

    This article applies only to lands in cities located in certain counties meeting the listed population ranges.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 3. Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease [772.010 - 772.060] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 16. ) ## 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.)
  170. 772.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 3. Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease [772.010 - 772.060] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 16. )

    Verify source ↗

    This section defines “surface zone,” “subject land,” and “lease facilities” for use in this article.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 3. Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease [772.010 - 772.060] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 16. ) ## 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.)
  171. 772.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 3. Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease [772.010 - 772.060] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 16. )

    Verify source ↗

    A surface fee owner may sue in superior court to end a lease-based right of entry or occupation on the surface, if the lease is for oil, gas, or other hydrocarbons and the right covers part or all of the surface or surface zone.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 3. Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease [772.010 - 772.060] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 16. ) ## 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.)
  172. 772.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 3. Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease [772.010 - 772.060] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 16. )

    Verify source ↗

    A court may end a lessee’s surface-entry or surface-occupation rights for certain oil or gas lease lands if the listed conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 3. Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease [772.010 - 772.060] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 16. ) ## 772.040. The court may render a judgment terminating the lessee’s right of entry or occupation of the surface and surface zone, subject to such conditions as the court deems fair and equitable, if the evidence shows each of the following: (a) The document that created the leasehold interest was originally executed more than 20 years prior to filing the action under this article regardless of any amendments to the document. However, if any amendment was entered into expressly for the purpose of waiving, limiting, or rearranging surface rights of entry and occupation by the lessee, the 20-year period shall be computed as if the document were originally executed on the date of execution of the amendment. (b) The subject land is not presently occupied by any of the following: (1) A producing oil or gas well or well bore. (2) A well or well bore being utilized for injection of water, gas, or other substance into geologic substrata as an aid to oil or gas production or to ameliorating subsidence. (3) A well or well bore being utilized for the disposal injection of waste oil well brine and byproducts. (4) A well or well bore being utilized for the production of water for use in oil field injection, waterflood, and pressure maintenance programs. (c) Termination of the right of entry or occupation within the subject land in the manner requested by the plaintiff, or subject to such conditions as the court may impose pursuant to this section, will not significantly interfere with the right of the lessee, under the lease, to continue to conduct operations for the continued production of oil from leasehold strata beneath the surface zone in a practical and economic manner, utilizing such production techniques as will be appropriate to the leasehold area, consistent with good oilfield practice, and to gather, transport, and market the oil. (Added by Stats. 1980, Ch. 44, Sec. 16.)
  173. 772.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 3. Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease [772.010 - 772.060] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 16. )

    Verify source ↗

    The court may shape a judgment to allow limited surface easements, and it may require relocation of facilities if that helps free the land for surface use while protecting oil and gas operations.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 3. Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease [772.010 - 772.060] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 16. ) ## 772.050. (a) The court may qualify the judgment terminating the surface and surface zone right of entry or occupation so as to provide for limited surface and surface zone easements that the lessee may continue to enjoy within the subject land. (b) A judgment may be conditioned upon the relocation of pipelines, roadways, equipment, or lease facilities in such manner as will most effectively free the subject land for surface use while safeguarding continued oil and gas operations in a practical and economic manner. Any such condition of the judgment shall require the plaintiff to pay the costs of the relocation. However, the plaintiff shall be entitled to a setoff against the costs to the extent of any benefit to the lessee resulting from the installation of new equipment or material. The plaintiff has the burden of proving any benefit accruing to the lessee. (Added by Stats. 1980, Ch. 44, Sec. 16.)
  174. 772.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 3. Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease [772.010 - 772.060] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 16. )

    Verify source ↗

    An oil or gas lease may not waive rights created by this article when it begins, and those rights may not be waived by amendment within 20 years of the lease’s execution by the plaintiff or the plaintiff’s predecessor in interest.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.5. Special Actions and Proceedings to Clear Title [770.010 - 772.060] ( Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16. ) ## ARTICLE 3. Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease [772.010 - 772.060] ( Article 3 added by Stats. 1980, Ch. 44, Sec. 16. ) ## 772.060. It is against public policy for any oil or gas lease, at its inception, to provide for the waiver of any rights created by this article, or for such rights to be waived by amendment to any oil or gas lease within 20 years of the date of its execution by a plaintiff or the plaintiff’s predecessor in interest. (Added by Stats. 1980, Ch. 44, Sec. 16.)
  175. 8.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

    Verify source ↗

    Pending proceedings must follow this Code where applicable, and pre-existing actions and accrued rights are not affected by its provisions.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 8. No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by its provisions, but the proceedings therein must conform to the requirements of this Code as far as applicable. (Enacted 1872.)
  176. 801.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. )

    Verify source ↗

    An action may be brought to determine title-related interests, liens, or clouds arising from certain public improvement assessments, bonds, or related certificates of sale if the stated time and deed conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. ) ## 801.1. An action may be brought to determine adverse interests in, liens or clouds upon title to real property arising out of any public improvement assessment or any bond issued to represent such assessment where the lien of such assessment or bond is presumed to have been extinguished under the provisions of Section 2911 of the Civil Code, or to determine adverse interests in, liens or clouds upon title to real property by reason of any certificate issued on sale made to satisfy any public improvement assessment or bond where such sale was made more than four years prior to the commencement of the action and no deed pursuant thereto has been issued prior to the commencement of the action or prior to January 1, 1951, whichever is the later. (Added by Stats. 1949, Ch. 1108.)
  177. 801.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. )

    Verify source ↗

    Unknown defendants, including named heirs and devisees in the complaint, have the same rights as other served defendants, and a served unknown defendant can be bound by judgment as if sued and personally served by name.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. ) ## 801.10. All unknown defendants, including the heirs and devisees designated in the complaint, shall have the same rights as are provided by law for other defendants upon whom summons is served, and the action shall proceed against them in the same manner. Regardless of any legal disability, any unknown defendant, including any heir or devisee designated in the complaint, who has been served, and anyone claiming under him, shall be concluded by a judgment in the action as if the action were brought against and personal service made upon that person by his or her name. (Amended by Stats. 1969, Ch. 1611.)
  178. 801.11.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. )

    Verify source ↗

    The court must determine the parties’ rights and require proof of the facts alleged. A sale certificate or bond is presumed paid and redeemed in certain cases, and the presumption becomes conclusive after the stated time limits. After that, no public official may issue a deed for the sale.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. ) ## 801.11. On the trial of the action, the court shall determine the rights of all the parties thereto and shall require proof of the facts alleged. Any certificate issued on sale made to satisfy any public improvement assessment or any bond issued to represent such assessment shall be presumed to have been paid and redeemed where no deed pursuant thereto has been issued and such sale was made more than four years prior to the commencement of the action. The presumption herein mentioned shall become and be conclusive if no deed pursuant to such sale is issued within four years after the date of sale or prior to January 1, 1953, whichever is the later; and no public official shall thereafter execute or issue any deed pursuant to such sale. (Amended by Stats. 1951, Ch. 521.)
  179. 801.12.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. )

    Verify source ↗

    The court must quiet the plaintiff’s title if no defendant has any interest in the property, and must establish the defendants’ rights if any defendant does have an interest.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. ) ## 801.12. If the court determines that none of the defendants have any right, title, interest, lien or estate in the property, it shall render its final decree quieting the plaintiff’s title. If the court determines that any of the defendants have any right, title, interest, lien or estate in the property, it shall render its decree establishing these rights and may order the sale of the property or partition thereof. The decree shall direct the public officer having the record of the assessment, bond or certificate of sale to cancel the record thereof. (Added by Stats. 1949, Ch. 1108.)
  180. 801.13.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. )

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    If a court orders a sale or partition, it must be carried out under Title 10.5. Sale proceeds for unknown or unlocated defendants must be paid to the public officer who holds the collected funds.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. ) ## 801.13. If the court orders a sale of the property or a partition thereof, the same shall be made in accordance with the provisions of Title 10.5 (commencing with Section 872.010) of Part 2, except that proceeds of sale belonging to unknown defendants or defendants whose identities or whereabouts are unascertained shall be paid to the public officer who is the custodian of the funds collected on such public improvement assessments, bonds or certificates of sale, to be held by him as in like instances of collection. (Amended by Stats. 1976, Ch. 73.)
  181. 801.14.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. )

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    After it becomes final, the decree is conclusive against the served persons named in the complaint, including designated unknown persons and the heirs and devisees of deceased deceased persons.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. ) ## 801.14. The decree, after it has become final, is conclusive against all persons named in the complaint who have been served and all unknown persons and the heirs and devisees of deceased persons designated in the complaint and served as hereinbefore provided. (Added by Stats. 1949, Ch. 1108.)
  182. 801.15.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. )

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    After a judgment becomes final, a certified copy must be delivered to the public officer who keeps the assessment, bond, or certificate of sale record, and that officer must mark the record as canceled by the court judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. ) ## 801.15. After the judgment has become final, a certified copy thereof shall be delivered to the public officer having the record of the assessment, bond or certificate of sale in his office and he shall thereupon mark the record of the assessment, bond or certificate of sale as follows: “Canceled by judgment of court, superior court case number (here give number).” (Added by Stats. 1949, Ch. 1108.)
  183. 801.2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. )

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    A lawsuit under this section may be filed separately or joined with other claims to resolve adverse claims and clouds on title to real property, and the complaint must include the prior section’s matters and be verified.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. ) ## 801.2. The action may be brought as a separate action or joined as a cause with other causes of action to determine adverse claims to and clouds upon title to real property, but the complaint shall aver the pertinent matters stated in the preceding section and shall be verified. (Added by Stats. 1949, Ch. 1108.)
  184. 801.3.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. )

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    A complaint in this type of action must name several specified people and officials as defendants, and it may also name the heirs and devisees of a deceased or believed-dead interested person if the conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. ) ## 801.3. The complaint shall include as defendants to the action (a) all persons known to the plaintiff owning or claiming an interest under such public improvement assessment, bond or certificate of sale; (b) the payee, as shown by the bond representing the assessment, if any; (c) the owner of the special assessment or certificate of sale, if any, and any person claiming an interest therein, as shown by the records of the treasurer, street superintendent or other public official who is the custodian of the funds to be collected thereon or who issued such certificate of sale, and (d) such treasurer, street superintendent or other public official. If any person owning or claiming an interest under such assessment, bond or certificate of sale is known to be dead, the heirs and devisees of such person may be sued as: “the heirs and devisees of” said person, naming him, or if such person is believed to be dead and such belief is alleged in the complaint on information and belief then the heirs and devisees of such person may also be sued as “the heirs and devisees” of said person, naming him, provided that such person is also named as a defendant. (Amended by Stats. 1951, Ch. 521.)
  185. 801.4.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. )

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    A complaint must include unknown persons claiming an interest in the bond, special assessment, or certificate of sale as defendants, and may describe them using the stated wording.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. ) ## 801.4. The complaint shall also include, as defendants, unknown persons owning or claiming an interest in such bond, special assessment or certificate of sale and they may be described in the complaint as: “Also the owner or any person claiming an interest (here describe the bond, special assessment or certificate of sale as it is described in the office in which it was issued).” (Added by Stats. 1949, Ch. 1108.)
  186. 801.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. )

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    The plaintiff must file a notice of pendency of the action with the county recorder within 10 days after the complaint is filed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. ) ## 801.5. Within ten days after the filing of the complaint, plaintiff shall file or cause to be filed in the office of the recorder of the county where the property is situated, a notice of the pendency of the action, containing the title and object of the action and a description of the property in that county affected thereby. From the time of filing such notice of record only, shall all persons have constructive notice thereof. (Added by Stats. 1949, Ch. 1108.)
  187. 801.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. )

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    A summons must be issued within three years after the complaint is filed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. ) ## 801.6. Within three years after the filing of the complaint, a summons shall be issued which shall contain the matters required by Section 412.20, designating the defendants as in the complaint, and in addition, a description of the property and a statement of the object of the action. (Amended by Stats. 1969, Ch. 1611.)
  188. 801.7.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. )

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    The plaintiff must post, or cause to be posted, a copy of the summons in a conspicuous place on the property within 30 days after the summons is issued.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. ) ## 801.7. Within thirty days after the issuance of the summons, the plaintiff shall post, or cause to be posted, a copy thereof in a conspicuous place on the property. (Added by Stats. 1949, Ch. 1108.)
  189. 801.8.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. )

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    Known defendants must be served as the law requires for service of a summons in a civil action, and unknown defendants must be served by publication under Section 750.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. ) ## 801.8. All known defendants shall be served in the manner provided by law for the service of a summons in a civil action. All unknown defendants shall be served by publication as provided in Section 750. (Amended by Stats. 1969, Ch. 1611.)
  190. 801.9.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. )

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    A plaintiff filing for publication of summons must show in the affidavit that they used reasonable diligence to find the identity and residence of unknown defendants and any heirs or devisees sued.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments [801.1 - 801.15] ( Heading of Chapter 4.6 renumbered from Chapter 4A by Stats. 1980, Ch. 44, Sec. 17. ) ## 801.9. In addition to the matters required to be set forth in the affidavit by the plaintiff for publication of summons, it shall appear by the affidavit that the plaintiff used reasonable diligence to ascertain the identity and residence of the unknown defendants and of any persons sued as heirs and devisees. (Amended by Stats. 1969, Ch. 1611.)
  191. 802.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. )

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    The writ of sire facies is abolished.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. ) ## 802. The writ of sire facies is abolished. (Amended by Code Amendments 1880, Ch. 22.)
  192. 803.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. )

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    The attorney general may bring an action against a person or corporation unlawfully usurping or exercising a public office or franchise, and must do so when the attorney general believes that has happened or when the governor directs it.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. ) ## 803. An action may be brought by the attorney-general, in the name of the people of this state, upon his own information, or upon a complaint of a private party, against any person who usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise, or against any corporation, either de jure or de facto, which usurps, intrudes into, or unlawfully holds or exercises any franchise, within this state. And the attorney-general must bring the action, whenever he has reason to believe that any such office or franchise has been usurped, intruded into, or unlawfully held or exercised by any person, or when he is directed to do so by the governor. (Amended by Stats. 1907, Ch. 324.)
  193. 804.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. )

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    In an action for usurpation of an office or franchise, the Attorney General may include in the complaint the name of the person who is rightly entitled to the office and a statement of that person’s right.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. ) ## 804. Whenever such action is brought, the Attorney General, in addition to the statement of the cause of action, may also set forth in the complaint the name of the person rightly entitled to the office, with a statement of his right thereto. (Amended by Stats. 1973, Ch. 20.)
  194. 805.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. )

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    In this kind of action, the court may enter judgment on the defendant’s right, on the right of the party alleged to be entitled, or only on the defendant’s right, as justice requires.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. ) ## 805. In every such action judgment may be rendered upon the right of the defendant, and also upon the right of the party so alleged to be entitled, or only upon the right of the defendant, as justice may require. (Enacted 1872.)
  195. 806.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. )

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    If judgment is in favor of the person entitled to the office, that person may take over the office after taking the oath and giving any required official bond.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. ) ## 806. If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he will be entitled, after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office. (Enacted 1872.)
  196. 807.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. )

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    If a person wins a judgment on the right to an office, that person may recover damages caused by the defendant’s usurpation of the office.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. ) ## 807. If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages which he may have sustained by reason of the usurpation of the office by the defendant. (Enacted 1872.)
  197. 808.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. )

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    When multiple people claim the same office or franchise, a single action may be filed against all of them to decide their respective rights.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. ) ## 808. When several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons, in order to try their respective rights to such office or franchise. (Enacted 1872.)
  198. 809.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. )

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    If a defendant is found guilty of unlawfully holding an office, franchise, or privilege, the court must exclude the defendant and award costs, and may also impose a fine up to $5,000.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. ) ## 809. When a defendant, against whom such action has been brought, is adjudged guilty of usurping or intruding into, or unlawfully holding any office, franchise, or privilege, judgment must be rendered that such defendant be excluded from the office, franchise, or privilege, and that he pay the costs of the action. The Court may also, in its discretion, impose upon the defendant a fine not exceeding five thousand dollars, which fine, when collected, must be paid into the Treasury of the State. (Enacted 1872.)
  199. 810.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. )

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    If a private party starts the action, the Attorney General may require that party to provide an undertaking with sureties approved by the Attorney General.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. ) ## 810. If the action is brought upon the information or application of a private party, the Attorney General may require that party to enter into an undertaking, with sureties to be approved by the Attorney General, conditioned on the party or the sureties paying any judgment for costs or damages recovered against the plaintiff, and all the costs and expenses incurred in prosecuting the action. (Amended by Stats. 2017, Ch. 561, Sec. 23. (AB 1516) Effective January 1, 2018.)
  200. 811.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. )

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    County, city and county, or municipal corporation authorities may bring this chapter’s action against a person who unlawfully usurps or exercises a franchise within their territory.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 5. Actions for the Usurpation of an Office or Franchise [802 - 811] ( Chapter 5 enacted 1872. ) ## 811. The action provided for in this chapter may be maintained by the board of supervisors of any county or city and county or the legislative body of any municipal corporation, respectively, in the name of such county, city and county or municipal corporation against any person who usurps, intrudes into or unlawfully holds or exercises any franchise, or portion thereof, within the respective territorial limits of such county, city and county or municipal corporation and which is of a kind that is within the jurisdiction of such board or body to grant or withhold. (Added by Stats. 1937, Ch. 575.)

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