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Code of Civil Procedure - CCP - CCP § 743

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 prop

Code of Civil Procedure - CCP - CCP § 744

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 745

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 746

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 747

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 748

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 dec

Code of Civil Procedure - CCP - CCP § 749

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 t

Code of Civil Procedure - CCP - CCP § 749.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 p

Code of Civil Procedure - CCP - CCP § 75

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 751.01

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 751.01

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

Code of Civil Procedure - CCP - CCP § 751.02

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 hi

Code of Civil Procedure - CCP - CCP § 751.03

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 751.03

Any number of separate parcels of land claimed by the plaintiff may be included in the same action.

Code of Civil Procedure - CCP - CCP § 751.04

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 751.05

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 751.06

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 751.07

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 summ

Code of Civil Procedure - CCP - CCP § 751.08

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 751.09

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 fro

Code of Civil Procedure - CCP - CCP § 751.10

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 servic

Code of Civil Procedure - CCP - CCP § 751.11

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 inter

Code of Civil Procedure - CCP - CCP § 751.12

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 propert

Code of Civil Procedure - CCP - CCP § 751.13

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 contai

Code of Civil Procedure - CCP - CCP § 751.14

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 751.15

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 concl

Code of Civil Procedure - CCP - CCP § 751.16

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.