California
Code of Civil Procedure - CCP
3,424 sections, each with the official text and a plain-English explanation of what it means for you.
- § 708.780 — (a) Filing of the abstract or certified copy of the judgment and the affidavit pursuant to this article creates a lien on the money owing and unpaid to the judgment debtor by the public entity in an a
- § 708.785 — (a) The judgment creditor upon filing the abstract or certified copy of the judgment and the affidavit shall pay a fee of six dollars ($6) to the public entity with which it is filed.
- § 708.790 — No public officer or employee is liable for failure to perform a duty imposed by this article unless sufficient information is furnished by the abstract or certified copy of the judgment together with
- § 708.795 — Except as to sums due and unpaid under a judgment for support, nothing in this article authorizes the filing against an overpayment of tax, penalty, or interest, or interest allowable with respect to
- § 708.910 — As used in this article, “franchise” means a franchise granted by a public entity and all the rights and privileges thereof, other than the franchise of being a corporation.
- § 708.920 — (a) The court may, in its discretion, order a franchise applied to the satisfaction of a money judgment upon application by the judgment creditor made on noticed motion.
- § 708.930 — Notwithstanding any other provision of this article, an order for application of a franchise to the satisfaction of a money judgment is subject to all applicable laws governing sale, transfer, or othe
- § 709.010 — (a) As used in this section, “trust” has the meaning provided in Section 82 of the Probate Code.
- § 709.020 — The judgment creditor may apply to the court on noticed motion for an order applying to the satisfaction of a money judgment a contingent remainder, executory interest, or other interest of the judgme
- § 709.030 — Property in a guardianship or conservatorship estate is not subject to enforcement of a money judgment by a procedure provided in this division, but the judgment creditor may apply to the court in whi
- § 71 — The process of superior courts shall extend throughout the state.
- § 712.010 — After entry of a judgment for possession or sale of property, a writ of possession or sale shall be issued by the clerk of the court upon application of the judgment creditor and shall be directed to
- § 712.020 — A writ of possession or sale issued pursuant to this division shall require the levying officer to whom it is directed to enforce the judgment and shall include the following information: (a) The date
- § 712.030 — (a) Upon delivery of the writ of possession or sale to the levying officer to whom the writ is directed, together with the written instructions of the judgment creditor, the levying officer shall exec
- § 712.040 — (a) A writ of possession or sale may be enforced as a writ of execution to satisfy any money judgment included in the judgment for possession or sale.
- § 712.050 — The return of a writ of possession or sale is governed by Section 699.
- § 712.060 — The court may appoint a receiver pursuant to Article 7 (commencing with Section 708.
- § 712.070 — Except as provided in Section 695.
- § 714.010 — (a) A judgment for possession of personal property may be enforced by a writ of possession of personal property issued pursuant to Section 712.
- § 714.020 — (a) To execute the writ of possession of personal property, the levying officer shall search for the property specified in the writ and, if the property is in the possession of the judgment debtor or
- § 714.030 — (a) After entry of a judgment for possession of personal property, and whether or not a writ of possession of personal property has been issued, the judgment creditor may apply to the court for an ord
- § 715.010 — (a) A judgment for possession of real property may be enforced by a writ of possession of real property issued pursuant to Section 712.
- § 715.020 — To execute the writ of possession of real property: (a) The levying officer shall serve a copy of the writ of possession on one occupant of the property.
- § 715.030 — The disposition of personal property remaining on the real property after the judgment creditor is placed in possession thereof pursuant to the writ of possession is governed by subdivisions (e) to (m
- § 715.040 — (a) A registered process server may execute the writ of possession of real property as provided in subdivisions (a) and (b) of Section 715.
- § 715.050 — Except with respect to enforcement of a judgment for money, a writ of possession issued pursuant to a judgment for possession in an unlawful detainer action shall be enforced pursuant to this chapter
- § 716.010 — (a) A judgment for sale of real or personal property may be enforced by a writ of sale issued pursuant to Section 712.
- § 716.020 — To execute the writ of sale, the levying officer shall: (a) Levy upon the property described in the writ of sale in the manner prescribed by Article 4 (commencing with Section 700.
- § 716.030 — (a) If a writ of sale is issued, the judgment creditor may apply to the court ex parte, or on noticed motion if the court so directs or a court rule so requires, for an order directing the judgment de
- § 717.010 — A judgment not otherwise enforceable pursuant to this title may be enforced by personally serving a certified copy of the judgment on the person required to obey it and invoking the power of the court
- § 720.010 — Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
- § 720.020 — “Creditor” means the judgment creditor or, in the case of a levy under a writ of attachment or prejudgment writ of possession of personal property, the plaintiff.
- § 720.030 — “Debtor” means the judgment debtor or, in the case of a levy under a writ of attachment or prejudgment writ of possession of personal property, the defendant.
- § 720.110 — A third person claiming ownership or the right to possession of property may make a third-party claim under this chapter in any of the following cases if the interest claimed is superior to the credit
- § 720.120 — A person making a third-party claim under this chapter shall file the claim with the levying officer, together with two copies of the claim, after levy on the property but before the levying officer d
- § 720.130 — (a) The third-party claim shall be executed under oath and shall contain all of the following: (1) The name of the third person and an address in this state where service by mail may be made on the th
- § 720.140 — (a) Not later than five days after the third-party claim is filed with the levying officer, the levying officer shall serve the following personally or by mail on the creditor: (1) A copy of the third
- § 720.150 — (a) Except as otherwise provided by statute, if a third-party claim is timely filed, the levying officer may not do any of the following with respect to the property in which an interest is claimed: (
- § 720.160 — (a) If the creditor files with the levying officer an undertaking that satisfies the requirements of this section within the time allowed under subdivision (b) of Section 720.
- § 720.170 — (a) In a case where the third person has not filed with the levying officer an undertaking to release the property pursuant to Chapter 6 (commencing with Section 720.
- § 720.210 — (a) Where personal property has been levied upon under a writ of attachment, a writ of execution, a prejudgment or postjudgment writ of possession, or a writ of sale, a third person claiming a securit
- § 720.220 — A person making a third-party claim under this chapter shall file the claim with the levying officer, together with two copies of the claim, after levy on the personal property but before the levying
- § 720.230 — (a) The third-party claim shall be executed under oath and shall contain all of the following: (1) The name of the secured party or lienholder and an address in this state where service by mail may be
- § 720.240 — (a) Not later than five days after the third-party claim is filed with the levying officer, the levying officer shall serve the following personally or by mail on the creditor: (1) A copy of the third
- § 720.250 — (a) Except as otherwise provided by statute, if a third-party claim is timely filed, the levying officer may not do any of the following with respect to the personal property in which the security int
- § 720.260 — (a) If the creditor within the time allowed under subdivision (b) of Section 720.
- § 720.270 — (a) In a case where the third person has not filed with the levying officer an undertaking to release the property pursuant to Chapter 6 (commencing with Section 720.
- § 720.280 — At the time the creditor files an undertaking with the levying officer in response to a third-party claim by a secured party, the creditor shall do all of the following: (a) File with the levying offi
- § 720.290 — (a) If the levying officer receives a sufficient deposit from the creditor, the levying officer shall promptly tender or pay the deposit to the secured party or lienholder who made the third-party cla
- § 720.310 — (a) Not later than 15 days after the third-party claim is filed with the levying officer pursuant to Section 720.
- § 720.320 — (a) At the time prescribed in subdivision (b) of Section 1005, the petitioner shall do both of the following: (1) Serve notice of the time and place of the hearing on the creditor or the third person
- § 720.330 — Promptly after receipt of the notice of the hearing on the third-party claim, the levying officer shall file the following papers with the court: (a) The third-party claim that was filed with the levy
- § 720.340 — If the creditor has not filed a statement with the levying officer pursuant to Section 720.
- § 720.350 — (a) Subject to the power of the court to permit an amendment in the interest of justice: (1) The third-party claim constitutes the pleading of the third person.
- § 720.360 — At a hearing on a third-party claim, the third person has the burden of proof.
- § 720.370 — If the petition for a hearing was made by the third person, neither the petition nor the proceedings pursuant thereto may be dismissed without the consent of the creditor.
- § 720.380 — (a) Notwithstanding any other provision of this title, the court may make an order staying the sale of the property under a writ or enjoining any transfer or other disposition of the property levied u
- § 720.390 — At the conclusion of the hearing, the court shall give judgment determining the validity of the third-party claim and may order the disposition of the property or its proceeds in accordance with the r
- § 720.400 — No findings are required in proceedings under this chapter.
- § 720.410 — There is no right to a jury trial in a proceeding pursuant to this chapter.
- § 720.420 — An appeal may be taken from a judgment given pursuant to Section 720.
- § 720.430 — If property has been released pursuant to Section 720.
- § 720.510 — A creditor may make a demand as provided in this chapter that a secured party or lienholder file a third-party claim to personal property that has been levied upon under a writ of attachment or a writ
- § 720.520 — (a) The creditor’s demand for a third-party claim by the secured party or lienholder, together with a copy of the demand, shall be filed with the levying officer after levy on the personal property bu
- § 720.530 — The demand for a third-party claim served on a secured party or lienholder shall contain all of the following: (a) The name and address of the secured party or lienholder.
- § 720.540 — Except as otherwise provided by statute, the levying officer may not release, sell, or otherwise dispose of the personal property described in the demand before the expiration of 30 days after service
- § 720.550 — (a) If the secured party or lienholder does not file a third-party claim with the levying officer pursuant to Chapter 3 (commencing with Section 720.
- § 720.610 — A third person may give an undertaking to release property pursuant to this chapter in the following cases: (a) Where the third person claims ownership or the right to possession of real property that
- § 720.620 — The third person shall file the undertaking to release property with the levying officer, together with two copies of the undertaking: (a) At the time the third person files a third-party claim pursua
- § 720.630 — (a) The undertaking to release property shall contain a description of the property to be released and shall describe the interest of the third person.
- § 720.640 — (a) If the undertaking to release property is filed with the levying officer at the time the third-party claim is filed, the levying officer shall serve a copy of the undertaking on the creditor and o
- § 720.650 — The third person’s undertaking becomes effective when the property described therein is released pursuant to this chapter.
- § 720.660 — The levying officer shall release the property described in the third person’s undertaking in the manner provided by Section 720.
- § 720.710 — The Bond and Undertaking Law (Chapter 2 (commencing with Section 995.
- § 720.760 — A copy of a notice of motion objecting to an undertaking shall be filed with the levying officer.
- § 720.770 — Unless the parties otherwise agree, the hearing on an objection to an undertaking shall be held not less than 10 nor more than 15 days after service of the notice of motion.
- § 720.800 — If an undertaking has been filed with a levying officer pursuant to this division, and the undertaking remains in the levying officer’s possession when the writ is to be returned, the levying officer
- § 724.010 — (a) A money judgment may be satisfied by payment of the full amount required to satisfy the judgment or by acceptance by the judgment creditor of a lesser sum in full satisfaction of the judgment.
- § 724.020 — The court clerk shall enter satisfaction of a money judgment in the register of actions when the following occur: (a) A writ is returned satisfied for the full amount of a lump-sum judgment.
- § 724.030 — When a money judgment is satisfied, the judgment creditor immediately shall file with the court an acknowledgment of satisfaction of judgment.
- § 724.040 — If an abstract of a money judgment has been recorded with the recorder of any county and the judgment is satisfied, the judgment creditor shall immediately do both of the following: (a) File an acknow
- § 724.050 — (a) If a money judgment has been satisfied, the judgment debtor, the owner of real or personal property subject to a judgment lien created under the judgment, or a person having a security interest in
- § 724.060 — (a) An acknowledgment of satisfaction of judgment shall contain the following information: (1) The title of the court.
- § 724.070 — (a) If a judgment creditor intentionally conditions delivery of an acknowledgment of satisfaction of judgment upon the performance of any act or the payment of an amount in excess of that to which the
- § 724.080 — In an action or proceeding maintained pursuant to this chapter, the court shall award reasonable attorney’s fees to the prevailing party.
- § 724.090 — The damages recoverable pursuant to this chapter are not in derogation of any other damages or penalties to which an aggrieved person may be entitled by law.
- § 724.100 — (a) If satisfaction of a judgment has been entered in the register of actions, the court clerk shall issue a certificate of satisfaction of judgment upon application therefor and payment of the fee as
- § 724.110 — (a) The judgment debtor or the owner of real or personal property subject to a judgment lien created under a money judgment may serve on the judgment creditor a demand in writing that the judgment cre
- § 724.120 — An acknowledgment of partial satisfaction of judgment shall be made in the same manner and by the same person as an acknowledgment of satisfaction of judgment and shall contain the following informati
- § 724.210 — As used in this chapter: (a) “Installment judgment” means a money judgment under which a lien may be created on an interest in real property under Section 697.
- § 724.220 — (a) If real property is subject to a judgment lien created under an installment judgment, the judgment debtor or the owner of real property subject to the judgment lien may serve on the judgment credi
- § 724.230 — If the judgment creditor does not comply with the demand within the time allowed, the judgment debtor or the owner of the real property subject to a judgment lien created under the installment judgmen
- § 724.240 — (a) If the matured installments under the installment judgment have been satisfied as of the date specified in the demand and the judgment creditor fails without just cause to comply with the demand w
- § 724.250 — (a) An acknowledgment of satisfaction of matured installments under an installment judgment shall be made in the same manner and by the same person as an acknowledgment of satisfaction of judgment and
- § 724.260 — In an action or proceeding maintained pursuant to this chapter, the court shall award reasonable attorney’s fees to the prevailing party.
- § 725a — The beneficiary or trustee named in a deed of trust or mortgagee named in a mortgage with power of sale upon real property or any interest therein to secure a debt or other obligation, or if there be
- § 726 — (a) There can be but one form of action for the recovery of any debt or the enforcement of any right secured by mortgage upon real property or an estate for years therein, which action shall be in acc
- § 726.5 — (a) Notwithstanding subdivision (a) of Section 726 or any other provision of law, except subdivision (d) of this section, a secured lender may elect between the following where the real property secur
- § 727 — If there be surplus money remaining, after payment of the amount due on the mortgage, lien, or incumbrance, with costs, the Court may cause the same to be paid to the person entitled to it, and in the
- § 728 — If the debt for which the mortgage, lien, or incumbrance is held is not all due, so soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease; and afterwa
- § 729.010 — (a) If the decree of foreclosure of a mortgage or deed of trust on real property pursuant to Section 726 determines that a deficiency judgment may be ordered against the defendant, the real property (
- § 729.020 — Property sold subject to the right of redemption may be redeemed only by the judgment debtor or the judgment debtor’s successor in interest.
- § 729.030 — The redemption period during which property may be redeemed from a foreclosure sale under this chapter ends: (a) Three months after the date of sale if the proceeds of the sale are sufficient to satis
- § 729.035 — Notwithstanding any provision of law to the contrary, the sale of a separate interest in a common interest development is subject to the right of redemption within 90 days after the sale if the sale a
- § 729.040 — (a) Notwithstanding Section 701.
- § 729.050 — If property is sold subject to the right of redemption, promptly after the sale the levying officer or trustee who conducted the sale shall serve notice of the right of redemption on the judgment debt
- § 729.060 — (a) A person who seeks to redeem the property shall deposit the redemption price with the levying officer who conducted the sale before the expiration of the redemption period.
- § 729.070 — (a) If the purchaser and the person seeking to redeem the property disagree on the redemption price or as to whether the person is entitled to redeem the property, or if the purchaser refuses the tend
- § 729.080 — (a) If the redemption price is not deposited pursuant to Section 729.
- § 729.090 — (a) From the time of the sale until a redemption, the purchaser is entitled to receive from the person in possession the rents and profits from the property or the value of the use and occupation of t
- § 730 — In all cases of foreclosure of mortgage the attorney’s fee shall be fixed by the court in which the proceedings are had, any stipulation in the mortgage to the contrary notwithstanding.
- § 730.5 — Except as otherwise provided by Section 9604 of the Commercial Code, none of the provisions of this chapter or of Section 580a, 580b, 580c, or 580d applies to any security interest in personal propert
- § 731 — An action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by a nuisance, as defined in Section 3479 of the Civil Code, and by the judgment
- § 731.5 — Whenever any person unlawfully closes any public trail, any person who uses such trail or would use such trail, and any association, corporation or other entity whose membership as a whole is adversel
- § 731a — Whenever any city, city and county, or county shall have established zones or districts under authority of law wherein certain manufacturing or commercial or airport uses are expressly permitted, exce
- § 731b — In any action or proceeding to abate the use of an airport or an airpark, proof that the airport or airpark has been in existence for three years constitutes a rebuttable presumption which shall be pr
- § 731c — Injury to formations bearing oil or gas or to oil or gas wells caused by the subsurface migration of any substance as a result of secondary recovery operations for oil or gas conducted in accordance w
- § 732 — If a guardian, conservator, tenant for life or years, joint tenant, or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him theref
- § 733 — Any person who cuts down or carries off any wood or underwood, tree, or timber, or girdles or otherwise injures any tree or timber on the land of another person, or on the street or highway in front o
- § 734 — Nothing in the last section authorizes the recovery of more than the just value of the timber taken from uncultivated woodland for the repair of a public highway or bridge upon the land, or adjoining
- § 735 — If a person recover damages for a forcible or unlawlful entry in or upon, or detention of any building or any cultivated real property, judgment may be entered for three times the amount at which the
- § 736 — (a) Notwithstanding any other provision of law, a secured lender may bring an action for breach of contract against a borrower for breach of any environmental provision made by the borrower relating t
- § 73c — Notwithstanding anything to the contrary contained in any other law of this state, the judges of the superior court of the county in which is located the principal office in this state of any savings
- § 73d — Whenever, under Section 73c, it becomes necessary for a judge, clerk, deputy clerk, court reporter or bailiff of or sitting in the superior court of the county in this state in which is located the pr
- § 73e — Notwithstanding any other provisions of law, in each county wherein the juvenile hall is not located at the county seat of the county, a majority of the judges of the superior court in and for such co
- § 74 — Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the Court from sitting at any time.
- § 740 — In an action for the recovery of property, where the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the ac
- § 741 — (a) As used in this section, “good faith improver” has the meaning given that term by Section 871.
- § 742 — The Court in which an action is pending for the recovery of real property, or for damages for an injury thereto, or a Judge thereof may, on motion, upon notice by either party for good cause shown, gr
- § 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 mak
- § 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.
- § 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.
- § 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 in
- § 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.
- § 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 re
- § 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 a
- § 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 dwel
- § 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 affi
- § 751.01 — This chapter may be cited as the Destroyed Land Records Relief Law.
- § 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,
- § 751.03 — Any number of separate parcels of land claimed by the plaintiff may be included in the same action.
- § 751.04 — The action shall be commenced by the filing of a verified complaint.
- § 751.05 — Upon the filing of the complaint, a summons shall be issued under the seal of the court.
- § 751.06 — The summons shall be published in a newspaper of general circulation published in the county in which the action is brought.
- § 751.07 — If the affidavit provided for in Section 751.
- § 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
- § 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,
- § 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 up
- § 751.11 — Upon the completion of the publication and posting of the summons and its service or mailing as provided for in Section 751.
- § 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,
- § 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
- § 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.
- § 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
- § 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.
- § 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
- § 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 appeare
- § 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.
- § 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 firs
- § 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 provid
- § 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.
- § 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, b
- § 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 knowled
- § 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.
- § 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.
- § 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
- § 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 prov
- § 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 sim
- § 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.
- § 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
- § 751.53 — The complaint shall substantially include: (a) A statement of the facts which make the provisions of this chapter applicable.
- § 751.54 — Summons, publication of notice, posting and related matters and procedures shall be governed by the provisions of Sections 751.
- § 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 ent
- § 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.
- § 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.
- § 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 jurisdi
- § 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.
- § 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, a
- § 751.61 — In reaching the conclusions called for by Section 751.
- § 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
- § 751.63 — A certified copy of the judgment shall be recorded, at the expense of the plaintiff or plaintiffs in the action, in the office of the recorder of the county in which the affected land is situated and
- § 751.64 — 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 or the boundaries of it.
- § 751.65 — This chapter may be cited as the Cullen Earthquake Act.
- § 760.010 — As used in this chapter: (a) “Claim” includes a legal or equitable right, title, estate, lien, or interest in property or cloud upon title.
- § 760.020 — (a) An action may be brought under this chapter to establish title against adverse claims to real or personal property or any interest therein.
- § 760.030 — (a) The remedy provided in this chapter is cumulative and not exclusive of any other remedy, form or right of action, or proceeding provided by law for establishing or quieting title to property.
- § 760.040 — (a) The superior court has jurisdiction of actions under this chapter.
- § 760.050 — Subject to the power of the court to transfer actions, the proper county for the trial of an action under this chapter is: (a) Where the subject of the action is real property or real and personal pro
- § 760.060 — The statutes and rules governing practice in civil actions generally apply to actions under this chapter except where they are inconsistent with the provisions of this chapter.
- § 761.010 — (a) An action under this chapter is commenced by filing a complaint with the court.
- § 761.020 — The complaint shall be verified and shall include all of the following: (a) A description of the property that is the subject of the action.
- § 761.030 — (a) The answer shall be verified and shall set forth: (1) Any claim the defendant has.
- § 761.040 — (a) The defendant may by cross-complaint seek affirmative relief in the action.
- § 762.010 — The plaintiff shall name as defendants in the action the persons having adverse claims to the title of the plaintiff against which a determination is sought.
- § 762.020 — (a) If the name of a person required to be named as a defendant is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner
- § 762.030 — (a) If a person required to be named as a defendant is dead and the plaintiff knows of a personal representative, the plaintiff shall join the personal representative as a defendant.
- § 762.040 — The court upon its own motion may, and upon motion of any party shall, make such orders as appear appropriate: (a) For joinder of such additional parties as are necessary or proper.
- § 762.050 — Any person who has a claim to the property described in the complaint may appear in the proceeding.
- § 762.060 — (a) In addition to the persons required to be named as defendants in the action, the plaintiff may name as defendants “all persons unknown, claiming any legal or equitable right, title, estate, lien,
- § 762.070 — A person named and served as an unknown defendant has the same rights as are provided by law in cases of all other defendants named and served, and the action shall proceed against unknown defendants
- § 762.080 — The court upon its own motion may, and upon motion of any party shall, make such orders for appointment of guardians ad litem as appear necessary to protect the interest of any party.