SECTIONS 770.010-770.080 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 770.010-770.080

770.010. As used in this article:
(a) "Acquired" means received or taken by conveyance, judgment,
decree, or otherwise.
(b) "Property" means any right, title, or interest in or lien upon
real property or part thereof.
(c) "Subsequent owner" means the person to whom property is
transferred whether as owner, part owner, or otherwise, or the
successors in interest of the person, and includes a distributee of
the estate of a decedent.
(d) "Transfer" means voluntary or involuntary transfer and
includes a conveyance, reconveyance, satisfaction of a lien, or
divestment by judgment, decree, or otherwise. The probate of the
estate of a decedent and entry of the decree of distribution is a
transfer within the meaning of this subdivision.

770.020. If property is acquired or stands of record in the name of
a person who heretofore or hereafter transfers the property under a
name other than or different from the name in which the property is
acquired or stands of record, a proceeding is authorized to
adjudicate and determine the identity of the person in whose name the
property is acquired or stands of record and the person who
transfers the property.

770.030. The proceeding shall be brought in the superior court of
the county in which the property or any part thereof is situated.

770.040. (a) The proceeding may be brought by a subsequent owner of
the property by filing a petition with the court.
(b) At any time before the date fixed for the hearing of the
petition, any person interested in the property may answer the
petition and deny any of the matters contained therein.

770.050. (a) The petition shall be verified in the manner provided
for verification of a complaint.
(b) The petition may be substantially entitled, "In the matter of
the determination of the identity of ____" (naming all the persons
sought to be identified), and may set forth:
(1) A statement of petitioner's interest in the property as
subsequent owner.
(2) A particular description of the property.
(3) The name or names of the person or persons sought to be
identified, setting out the name and a reference to the record of the
transaction under which the property was acquired or stands of
record and the name and a reference to the record of the transaction
under which the property was transferred or stands of record, that
the names are the names of the same person, and that the transfers
affect the petitioner's title to the real property.
(4) A prayer that the identity of such persons be established.
(c) As many persons sought to be identified as appear of record in
the chain of title to the property may be joined in one petition or
proceeding.

770.060. (a) Upon the filing of the petition, the clerk shall set
the petition for hearing by the court.
(b) The petitioner shall give notice of the hearing by causing
notices of the time and place of hearing to be posted at the
courthouse of the county where the proceeding is pending and in a
conspicuous place on the real property described in the petition, at
least 10 days before the hearing.
(c) The special notice shall be substantially in the following
form:

(Title of court and cause)
Notice is hereby given that ____ has filed a petition herein
claiming to be the owner (or distributee) of the following described
lands ____ (description) and praying that the identity of the
following-named persons, in former conveyances (or judgments or
decrees) to said lands or in decrees of distribution of said lands in
probate be determined, to wit: ________ (names as J. Doe and John
Doe); and that the time and place of hearing said petition has been
set for ____ the ____ day of ____, 19__, at the hour of ____, __m. of
said day at the courtroom of said court in the City of ____, County
of ____, State of California.
_____________
Clerk

770.070. (a) At the time fixed for the hearing or such time
thereafter as may be fixed by the court, the court shall hear the
proofs offered by the petitioner and by any persons answering the
petition, and shall make and enter a decree determining the identity
of the person or persons set out in the petition in accordance with
the proofs.
(b) An appeal may be taken by any party aggrieved.

770.080. (a) After the decree has become final it constitutes prima
facie evidence of the matters thereby determined and it is presumed
that the identity of the person or persons described in the decree is
such as is stated in the decree.
(b) A certified copy of the decree shall be recorded in the office
of the county recorder of every county in which any part of the
property is situated.