SECTIONS 751.01-751.28 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 751.01-751.28

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, any person who claims an estate of inheritance or for
life in, and who is by himself, or his tenant or other person holding
under him in the actual and peaceable possession of, any real
property in the county may bring and maintain an action in rem
against all the world, in the superior court for the county in which
such real property is situate, to establish his title to such
property and to determine all adverse claims thereto.
Such action may also be brought in the county in which the real
property is situate if any real property is in another county, but
was formerly in the county of which all or a material part of the
records were so lost or destroyed, and if the lost or destroyed
records included all or a material part of the public records in the
office of the county recorder covering all or a material part of the
time when the real property was in the county whose records were so
lost or destroyed.

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. 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." The complaint shall contain a
statement of the facts enumerated in Section 751.02, a particular
description of the real property, and a specification of the estate,
title, or interest of the plaintiff in the property.

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 be directed to "all persons claiming any interest
in, or lien upon, the real property herein described, or any part
thereof," as defendants, and shall be substantially in the following
form:
"IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND
FOR THE COUNTY (OR CITY AND COUNTY) OF _______
__________________________, )
Plaintiff, )
vs. )
All Persons Claiming Any Interest in, or ) Action No. _______
Lien Upon, the Real Property Herein )
Described or Any Part thereof, )
Defendants. )
The people of the State of California, to all persons claiming
any interest in, or lien upon, the real property herein de-
scribed, or any part thereof, defendants, greeting:
You are hereby required to appear and answer the complaint
of ____________, plaintiff, filed with the clerk of the above-
entitled court and county, within three months after the first
publication of this summons, and to set forth what interest or
lien, if any, you have in or upon that certain real property or
any part thereof, situated in the County (or City and County)
of __________, State of California, particularly described as
follows: (here insert description.)
And you are hereby notified that, unless you so appear and
answer, the plaintiff will apply to the court for the relief
demanded in the complaint, to wit: (here insert a statement
of the relief so demanded.)
Witness my hand and the seal of said court, this ________
day of __________, A.D. ______.
(SEAL) ______________ _______________, Clerk."

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 other order for the publication of the summons
shall be necessary, nor shall any affidavit therefor be required, nor
need any copy of the complaint be served, except as required by this
chapter. The summons shall be published pursuant to Section 6065 of
the Government Code, and to each publication thereof shall be
appended a memorandum in substance as follows:
"The first publication of this summons was made in ____ (here
insert name) newspaper on the ____ day of ____ A.D. ____," (inserting
the date).

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 summons in substance as follows:
"The following persons are said to claim an interest in, or lien
upon, said property adverse to plaintiff," (giving their names and
addresses as above provided).

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.

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 from whom obtained.
(b) Whether or not the plaintiff has ever made any conveyance of
all or any part of the property, or any interest therein, and if so
when and to whom, and a statement of any and all subsisting
mortgages, deeds of trust, and other liens thereon.
(c) That the plaintiff does not know and has never been informed
of any other person who claims or who may claim any interest in or
lien upon all or any part of the property adversely to the plaintiff,
or if the plaintiff does know or has been informed of any such
person, the name and address of such person.
If the plaintiff is unable to state any of the required matters,
the plaintiff shall set forth and show fully and explicitly the
reasons for such inability. Such affidavit shall constitute a part of
the judgment-roll. If the plaintiff is a corporation, the affidavit
shall be made by an officer thereof. If the plaintiff is a person
under guardianship or conservatorship, the affidavit shall be made by
the guardian or conservator.

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 service of a summons in a civil action, other than by
publication. Service shall be made during the period of the
publication of the summons. A copy of the memorandum provided for in
Section 751.07 shall be appended to the copy of the summons served
upon any such person.
If such person cannot, with reasonable diligence, be served as
provided above within the period of publication of the summons, a
copy of the summons, memorandum, complaint, and affidavit shall be
mailed, postage prepaid, addressed to him at the address given in the
affidavit, or, if no address is given, at his last address known to
the plaintiff, or, if none, at the county seat of the county in which
the action is brought, forthwith upon the expiration of the period
of publication.

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 interest in or to, or lien upon, all or any part of
the property, and shall be deemed to have obtained the possession and
control of the property for the purposes of the action with complete
jurisdiction to render the judgment provided for in this chapter.

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 property may appear and make himself a party to the
action by pleading to the complaint. All answers must be verified and
must specifically set forth the estate, right, title, interest, or
lien so claimed.

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 containing the object of the action or defense, and a
particular description of the property affected by it. The recorder
shall record the notice in the same manner as provided in Section
409.

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 whether they consist of mortgages or liens of any description. It
shall be conclusive upon every person who at the commencement of the
action had or claimed any estate, right, title, or interest in or to
all or any part of such property and upon every person claiming
under him by title subsequent to the commencement of the action.

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.

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.

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 used by any party against any other party giving
or receiving the notice, subject to all just exceptions.

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
first been made to the court that all persons who appeared in the
first action or their successors in interest have been personally
served pursuant to this chapter either within or without the State
more than one month before the time to plead expired.

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.

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, by himself or by his agent duly authorized by letter of
attorney theretofore recorded in the office of the county recorder of
the county where the property is situated, may sign, verify, and
file for record in the office of the county recorder a notice in
substantially the following form:

"NOTICE OF OWNERSHIP AND CLAIM TO REAL PROPERTY UNDER THE
DESTROYED RECORDS RELIEF LAW

"Notice is hereby given that ____ (here insert name of claimant)
____, whose residence is at ____ (here insert street and number, city
or town, county and state of residence), is the owner of an interest
in the real property situated in the ____ (here insert name of city
if the property be located in a city) ____, county of ____ (here
insert name of county or city and county in which property is
located) ____, State of California, described as follows: ____ (here
insert a particular description of real property) ____.
"The character of the interest in the real property owned by the
claimant is ____ (here insert description of the character of
interest in or lien upon the real property) ____ and the interest was
obtained from ____ (here insert the name of the party from whom the
interest was obtained) ____, and at the time and in the manner
following ____ (here insert time at which and manner in which the
interest was acquired) ____."

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.

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.
Neither the filing of the notice for record nor its recordation
constitute constructive notice to any other person or for any other
purpose. The original of the notice shall be returned to the party
requesting the recordation as provided in Section 27321 of the
Government Code.

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 summons, the claimant in the notice, or any person
who is a successor in interest of such claimant under a subsequently
duly recorded written instrument, judgment, or decree, as a party who
claims an interest in or lien upon the property adverse to the
plaintiff. He must cause such claimant, or successor in interest, to
be served with summons in the action. Otherwise neither the action
nor any judgment or decree made therein shall affect the title or
interest in the property described in the notice and owned by the
claimant at the time of the filing of the notice, or by any such
successor in interest prior to the commencement of the action. The
failure to name such claimant or successor in interest in the
affidavit or memorandum or to serve such claimant or such successor
in interest shall not affect the validity of the judgment or decree
rendered in such action as to any other persons, but such judgment or
decree shall be valid and binding upon all persons except such
claimant or successor in interest.

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.