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Code of Civil Procedure - CCP - CCP § 772.010
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 772.020
Code of Civil Procedure - CCP - CCP § 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 leaseho
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Code of Civil Procedure - CCP - CCP § 772.030
Code of Civil Procedure - CCP - CCP § 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
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Code of Civil Procedure - CCP - CCP § 772.040
Code of Civil Procedure - CCP - CCP § 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 intere
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Code of Civil Procedure - CCP - CCP § 772.050
Code of Civil Procedure - CCP - CCP § 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 r
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Code of Civil Procedure - CCP - CCP § 772.060
Code of Civil Procedure - CCP - CCP § 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 plainti
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Code of Civil Procedure - CCP - CCP § 8
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 801.1
Code of Civil Procedure - CCP - CCP § 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
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Code of Civil Procedure - CCP - CCP § 801.10
Code of Civil Procedure - CCP - CCP § 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 disabili
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Code of Civil Procedure - CCP - CCP § 801.11
Code of Civil Procedure - CCP - CCP § 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 pres
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Code of Civil Procedure - CCP - CCP § 801.12
Code of Civil Procedure - CCP - CCP § 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
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Code of Civil Procedure - CCP - CCP § 801.13
Code of Civil Procedure - CCP - CCP § 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 wh
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Code of Civil Procedure - CCP - CCP § 801.14
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 801.15
Code of Civil Procedure - CCP - CCP § 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:
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Code of Civil Procedure - CCP - CCP § 801.2
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 801.3
Code of Civil Procedure - CCP - CCP § 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 ow
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Code of Civil Procedure - CCP - CCP § 801.4
Code of Civil Procedure - CCP - CCP § 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, speci
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Code of Civil Procedure - CCP - CCP § 801.5
Code of Civil Procedure - CCP - CCP § 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
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Code of Civil Procedure - CCP - CCP § 801.6
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 801.7
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 801.8
Code of Civil Procedure - CCP - CCP § 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.
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Code of Civil Procedure - CCP - CCP § 801.9
Code of Civil Procedure - CCP - CCP § 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 sue
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Code of Civil Procedure - CCP - CCP § 802
Code of Civil Procedure - CCP - CCP § 802
The writ of sire facies is abolished.
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Code of Civil Procedure - CCP - CCP § 803
Code of Civil Procedure - CCP - CCP § 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
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Code of Civil Procedure - CCP - CCP § 804
Code of Civil Procedure - CCP - CCP § 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.