SECTIONS 764.010-764.080 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 764.010-764.080

764.010. The court shall examine into and determine the plaintiff's
title against the claims of all the defendants. The court shall not
enter judgment by default but shall in all cases require evidence of
plaintiff's title and hear such evidence as may be offered respecting
the claims of any of the defendants, other than claims the validity
of which is admitted by the plaintiff in the complaint. The court
shall render judgment in accordance with the evidence and the law.

764.020. (a) If in an action under this chapter the validity or
interpretation of a gift, devise, bequest, or trust, under a will or
instrument purporting to be a will, whether admitted to probate or
not, is involved:
(1) The will or instrument purporting to be a will is admissible
in evidence.
(2) All questions concerning the validity of the gift, devise,
bequest, or trust shall be finally determined in the action.
(3) If the will has been admitted to probate and the gift, devise,
bequest, or trust has been interpreted by a final decree of the
probate court, the interpretation is conclusive as to the proper
construction thereof.
(b) Nothing in this section deprives a party of the right to a
jury trial in any case where, by law, the right is now given.

764.030. The judgment in the action is binding and conclusive on
all of the following persons, regardless of any legal disability:
(a) All persons known and unknown who were parties to the action
and who have any claim to the property, whether present or future,
vested or contingent, legal or equitable, several or undivided.
(b) Except as provided in Section 764.045, all persons who were
not parties to the action and who have any claim to the property
which was not of record at the time the lis pendens was filed or, if
none was filed, at the time the judgment was recorded.

764.045. Except to the extent provided in Section 1908, the
judgment does not affect a claim in the property or part thereof of
any person who was not a party to the action if any of the following
conditions is satisfied:
(a) The claim was of record at the time the lis pendens was filed
or, if none was filed, at the time the judgment was recorded.
(b) The claim was actually known to the plaintiff or would have
been reasonably apparent from an inspection of the property at the
time the lis pendens was filed or, if none was filed, at the time the
judgment was entered. Nothing in this subdivision shall be construed
to impair the rights of a bona fide purchaser or encumbrancer for
value dealing with the plaintiff or the plaintiff's successors in
interest.

764.060. The relief granted in an action or proceeding directly or
collaterally attacking the judgment in the action, whether based on
lack of actual notice to a party or otherwise, shall not impair the
rights of a purchaser or encumbrancer for value of the property
acting in reliance on the judgment without knowledge of any defects
or irregularities in the judgment or the proceedings.

764.070. Notwithstanding any other provision of this chapter, the
judgment in the action is not binding or conclusive on the following:
(a) The state, unless individually joined as a party to the
action.
(b) The United States, unless the United States is individually
joined as a party to the action and federal law authorizes judgment
in the action to be binding or conclusive as to its interests.

764.080. (a) In any action brought to quiet title to land that has
been subject to an agreement entered into pursuant to Section 6307 or
6357 of the Public Resources Code, at the time set for trial the
court shall, at the request of any party, receive evidence on the
nature of the agreement. After receiving that evidence, the court
shall render a statement of decision. In the case of an agreement
pursuant to Section 6357, the statement of decision shall include a
recitation of the underlying facts and a determination whether the
agreement meets the criteria of Section 6357 and other law applicable
to the validity of boundary line agreements. In the case of an
agreement pursuant to Section 6307, the statement of decision shall
recite the relevant facts and shall contain a determination whether
the requirements of Section 6307 of the Public Resources Code,
Sections 3 and 4 of Article 10 of the California Constitution, and
other applicable law have been met. If the court finds the agreement
to be valid, the judgment in the action shall quiet title in the
parties named in the agreement in accordance with the agreement. If
the judgment is entered prior to the effective date of the agreement,
the judgment shall provide that, upon the effective date, title is
quieted in the parties in accordance with the agreements. However, no
action may be brought pursuant to this section until the State Lands
Commission has approved the agreement following a public hearing.
All such actions shall be set on the trial calendar within one year
from the filing of a memorandum to set, unless the court extends this
time for good cause.
(b) Nothing in this section shall be construed to limit the right
of members of the public to bring or participate in actions
challenging the validity of agreements entered into pursuant to
Section 6307 or 6357 of the Public Resources Code. Any action brought
by a member of the public shall be set on the trial calendar within
one year from the filing of a memorandum to set, unless the court
extends this time for good cause.