SECTIONS 761.010-761.040 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 761.010-761.040

761.010. (a) An action under this chapter is commenced by filing a
complaint with the court.
(b) Immediately upon commencement of the action, the plaintiff
shall file a notice of the pendency of the action in the office of
the county recorder of each county in which any real property
described in the complaint is located.

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. In the case of tangible personal property, the description
shall include its usual location. In the case of real property, the
description shall include both its legal description and its street
address or common designation, if any.
(b) The title of the plaintiff as to which a determination under
this chapter is sought and the basis of the title. If the title is
based upon adverse possession, the complaint shall allege the
specific facts constituting the adverse possession.
(c) The adverse claims to the title of the plaintiff against which
a determination is sought.
(d) The date as of which the determination is sought. If the
determination is sought as of a date other than the date the
complaint is filed, the complaint shall include a statement of the
reasons why a determination as of that date is sought.
(e) A prayer for the determination of the title of the plaintiff
against the adverse claims.

761.030. (a) The answer shall be verified and shall set forth:
(1) Any claim the defendant has.
(2) Any facts tending to controvert such material allegations of
the complaint as the defendant does not wish to be taken as true.
(3) A statement of any new matter constituting a defense.
(b) If the defendant disclaims in the answer any claim, or suffers
judgment to be taken without answer, the plaintiff shall not recover
costs.

761.040. (a) The defendant may by cross-complaint seek affirmative
relief in the action.
(b) If the defendant seeks a determination of title as of a date
other than the date specified in the complaint, the cross-complaint
shall include the date and a statement of the reasons why a
determination as of that date is sought.