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Code of Civil Procedure - CCP - CCP § 763.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 764.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 764.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 evi

Code of Civil Procedure - CCP - CCP § 764.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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, lega

Code of Civil Procedure - CCP - CCP § 764.045

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 o

Code of Civil Procedure - CCP - CCP § 764.060

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 764.070

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 764.080

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 agreeme

Code of Civil Procedure - CCP - CCP § 765.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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,

Code of Civil Procedure - CCP - CCP § 765.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 s

Code of Civil Procedure - CCP - CCP § 765.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 765.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 encumbra

Code of Civil Procedure - CCP - CCP § 765.050

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 765.060

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 77

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 770.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 770.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 770.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 770.030

The proceeding shall be brought in the superior court of the county in which the property or any part thereof is situated.

Code of Civil Procedure - CCP - CCP § 770.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 770.050

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 state

Code of Civil Procedure - CCP - CCP § 770.060

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 770.070

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 770.080

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 record

Code of Civil Procedure - CCP - CCP § 771.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 771.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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