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Cause of action for quiet title in California

A cause of action for quiet title in California is the topic of this blog post.  A cause of action for quiet title is used when a party wishes to establish title against adverse claims to real property or any interest in the property.  Code of Civil Procedure sections 760.010 through 765.060 are the relevant statutes governing quiet title in California.

Although quiet title actions are generally regarded as applying only to real property, to the extent practicable a quiet title action may also be used to quiet title to personal property pursuant to  Code of Civil Procedure §760.010(b).

A cause of action for quiet title can be combined with other causes of action or other remedies.  In an action or proceeding in which establishing or quieting title to property is in issue, the court may, in its discretion and on the motion of any party, require that the issue be resolved pursuant to the Code of Civil Procedure provisions relating to quiet title actions. See Code of Civil Procedure §760.030.

The action to quiet title must be brought in the superior court of the county in which the real property is located. Once the action is before the court, the court has complete power to determine title issues. See Code of Civil Procedure §§760.040, 760.050.

There are certain pleading requirements for a quiet title action which must be followed pursuant to Code of Civil Procedure §761.020.

A complaint to quiet title must be verified and must contain all of the following information.

1.   A description of the property that is the subject of the action. This must include both the legal description and the street address or common designation, if any.

2.   The title of the plaintiff as to which a determination of quiet title is sought. If the complaint is based on adverse possession, the complaint must allege the specific facts constituting the adverse possession.

3.   The adverse claims to plaintiff’s title.

4.   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 must include a statement of the reasons why a determination as of that date is sought.

5.   A prayer for the determination of plaintiff’s title against the adverse claims.

The plaintiff in a quiet title action must name as defendants all persons known or unknown claiming an interest in the property pursuant to Code of Civil Procedure §§762.010, 762.020.

Any person who claims an interest in the property can join in the action, whether or not named as a defendant pursuant to Code of Civil Procedure § 762.050.

A notice of pendency of action is required in any quiet title action.  See Code of Civil Procedure  §761.010.  This notice is commonly referred to as a “lis pendens”. It provides constructive notice to purchasers or encumbrancers of real property of any pending actions affecting title to or possession of the real property and enables those parties to find notice of pending litigation in the recorder’s office in which the real property is located. It furnishes the most certain means of notifying all persons of the pendency of the action and to warn them against any attempt to acquire a legal or equitable interest in the real property.

Although many parties file quiet title actions with little basis for their claim it cannot be disputed that is the most powerful legal procedure in California that can be used to establish title against adverse claims to real property or any interest in the property.

Attorneys or parties who would like to view a portion of a sample complaint for quiet title, partition and accounting sold by the author can use the link shown below.

Attorneys or parties who would like to view a portion of a sample complaint for quiet title and adverse possession sold by the author can see below.

To view over 300 sample legal documents for sale by the author of this blog post visit the following link: http://www.scribd.com/LegalDocsPro

Attorneys or parties in California that would like more information on a super litigation documents package containing over 200 other sample legal documents for California and Federal litigation can use the link shown below.

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The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing.  Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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