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Code of Civil Procedure - CCP - CCP § 751.17
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 751.18
Code of Civil Procedure - CCP - CCP § 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 use
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Code of Civil Procedure - CCP - CCP § 751.19
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 751.20
Code of Civil Procedure - CCP - CCP § 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 th
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Code of Civil Procedure - CCP - CCP § 751.21
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 751.22
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 751.23
Code of Civil Procedure - CCP - CCP § 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 reco
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Code of Civil Procedure - CCP - CCP § 751.24
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 751.25
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 751.26
Code of Civil Procedure - CCP - CCP § 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
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Code of Civil Procedure - CCP - CCP § 751.27
Code of Civil Procedure - CCP - CCP § 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
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Code of Civil Procedure - CCP - CCP § 751.28
Code of Civil Procedure - CCP - CCP § 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
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Code of Civil Procedure - CCP - CCP § 751.50
Code of Civil Procedure - CCP - CCP § 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 suc
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Code of Civil Procedure - CCP - CCP § 751.51
Code of Civil Procedure - CCP - CCP § 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 ha
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Code of Civil Procedure - CCP - CCP § 751.52
Code of Civil Procedure - CCP - CCP § 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 d
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Code of Civil Procedure - CCP - CCP § 751.53
Code of Civil Procedure - CCP - CCP § 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, inte
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Code of Civil Procedure - CCP - CCP § 751.54
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 751.55
Code of Civil Procedure - CCP - CCP § 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 a
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Code of Civil Procedure - CCP - CCP § 751.56
Code of Civil Procedure - CCP - CCP § 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,
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Code of Civil Procedure - CCP - CCP § 751.57
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 751.58
Code of Civil Procedure - CCP - CCP § 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 po
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Code of Civil Procedure - CCP - CCP § 751.59
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 751.60
Code of Civil Procedure - CCP - CCP § 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 equ
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Code of Civil Procedure - CCP - CCP § 751.61
Code of Civil Procedure - CCP - CCP § 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 l
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Code of Civil Procedure - CCP - CCP § 751.62
Code of Civil Procedure - CCP - CCP § 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 b