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.
Quiet TitleDefendants
Section § 762.010
This law says that if you're starting a lawsuit to resolve who really owns a piece of property, you need to include as defendants anyone who might claim they have rights to the same property.
plaintiff adverse claims property title
Section § 762.020
If someone needs to be named as a defendant in a case but their name is unknown, the person starting the lawsuit (the plaintiff) should say so in their complaint and list 'unknown' parties as instructed by another rule. If the details about someone's claim or share of a claim are unclear or depend on certain conditions or future events, the plaintiff should explain this in their complaint. If this confusion arises because a claim might go to someone not yet born or identified, or involves complex future legal interests, the plaintiff should provide details about anyone currently alive who might benefit if the conditions were already met.
(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 762.020(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 beneficiary 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.
unknown defendant plaintiff's complaint uncertain claim
Section § 762.030
This law explains what to do when someone who should be sued has died. If they have a personal representative, like an executor of an estate, you must include them in your lawsuit. If you don't know of any representative and the person is dead or you think they might be dead, you need to write these details in a document called an affidavit that you file with your lawsuit. If they're dead, you can name their successors, like heirs or anyone with claims linked to them, as defendants. If you only think they might be dead, you can name them along with their possible successors as defendants just to cover all bases.
(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 762.030(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)CA Civil Procedure Code § 762.030(b)(1) The plaintiff shall state these facts in an affidavit filed with the complaint.
(2)CA Civil Procedure Code § 762.030(b)(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)CA Civil Procedure Code § 762.030(b)(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.
personal representative defendant dead successors
Section § 762.040
This law allows a court to make necessary orders in a case. These orders can include adding more parties to the case if needed and requiring the plaintiff to get a title report, which should be available for all parties to inspect and copy.
The court upon its own motion may, and upon motion of any party shall, make such orders as appear appropriate:
(a)CA Civil Procedure Code § 762.040(a) For joinder of such additional parties as are necessary or proper.
(b)CA Civil Procedure Code § 762.040(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.
joinder of parties title report court orders
Section § 762.050
Anyone who believes they have a claim to the property mentioned in a legal complaint can join the legal case. Even if they're not originally named in the complaint, they must still take part as a defendant.
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.
property claim appear in proceeding join legal case
Section § 762.060
In a legal case concerning property, the person who files the case (the plaintiff) can also name unknown people who might claim any rights, titles, or interests in the property. This is called a 'cloud' on the property title. The plaintiff must include anyone with a legal claim that can be found in public records, is known to them, or can be seen by physically inspecting the property. If the plaintiff agrees that any of these claims are valid, they need to say so in their legal complaint.
(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 762.060(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)CA Civil Procedure Code § 762.060(c) If the plaintiff admits the validity of any adverse claim, the complaint shall so state.
adverse claim unknown persons property rights
Section § 762.070
If someone is sued as an 'unknown defendant,' they have the same legal rights and are treated just like any other defendant who is specifically named in the case. This means the legal proceedings will happen in the same way and will have the same results as if they were known by name.
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.
unknown defendant legal rights defendant rights
Section § 762.080
The court can decide on its own or if requested by someone involved in a case to appoint a special guardian, called a guardian ad litem, to look out for someone’s interests if needed.
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.
guardian ad litem court motion appointment
Section § 762.090
This law allows the state to be included in cases related to this chapter, but it doesn't change any existing laws; it's just clarifying what's already in place.
(a)CA Civil Procedure Code § 762.090(a) The state may be joined as a party to an action under this chapter.
(b)CA Civil Procedure Code § 762.090(b) This section does not constitute a change in, but is declaratory of, existing law.
state party involvement action under chapter no change in law
