SECTIONS 762.010-762.090 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 762.010-762.090

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 provided in Section 762.060.
(b) If the claim or the share or quantity of the claim of a person
required to be named as a defendant is unknown, uncertain, or
contingent, the plaintiff shall so state in the complaint. If the
lack of knowledge, uncertainty, or contingency is caused by a
transfer to an unborn or unascertained person or class member, or by
a transfer in the form of a contingent remainder, vested remainder
subject to defeasance, executory interest, or similar disposition,
the plaintiff shall also state in the complaint, so far as is known
to the plaintiff, the name, age, and legal disability (if any) of the
person in being who would be entitled to the claim had the
contingency upon which the claim depends occurred prior to the
commencement of the action.

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.
(b) If a person required to be named as a defendant is dead, or is
believed by the plaintiff to be dead, and the plaintiff knows of no
personal representative:
(1) The plaintiff shall state these facts in an affidavit filed
with the complaint.
(2) Where it is stated in the affidvit that such person is dead,
the plaintiff may join as defendants "the testate and intestate
successors of ____ (naming the deceased person), deceased, and all
persons claiming by, through, or under such decedent," naming them in
that manner.
(3) Where it is stated in the affidavit that such person is
believed to be dead, the plaintiff may join the person as a
defendant, and may also join "the testate and intestate successors of
____ (naming the person) believed to be deceased, and all persons
claiming by, through, or under such person," naming them in that
manner.

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.
(b) Requiring the plaintiff to procure a title report and
designate a place where it shall be kept for inspection, use, and
copying by the parties.

762.050. Any person who has a claim to the property described in
the complaint may appear in the proceeding. Whether or not the person
is named as a defendant in the complaint, the person shall appear as
a defendant.

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, or interest in the property described in the complaint
adverse to plaintiff's title, or any cloud upon plaintiff's title
thereto," naming them in that manner.
(b) In an action under this section, the plaintiff shall name as
defendants the persons having adverse claims that are of record or
known to the plaintiff or reasonably apparent from an inspection of
the property.
(c) If the plaintiff admits the validity of any adverse claim, the
complaint shall so state.

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 in the same manner as against other defendants named and
served, and with the same effect.

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.

762.090. (a) The state may be joined as a party to an action under
this chapter.
(b) This section does not constitute a change in, but is
declaratory of, existing law.