Liens And Encumbrances - Quiet Title - Civil Procedure - CA

Section § 765.010

This law prevents people from filing false lawsuits, liens, or notices against others to harass them or to disrupt the duties of public officials. If someone's property is wrongfully burdened by such false claims, they can petition the local superior court to remove it. The court may order a hearing where the person who made the claim must explain why it should not be removed, and the hearing is scheduled with at least a 14-day notice to allow enough time for everyone involved to be informed.

(a) For purposes of this section:

(1) “Harass” means engage in knowing and willful conduct that serves no legitimate purpose.

(2) “Entity” includes both governmental and private entities.

(b) A person shall not file or record, or direct another to file or record, a lawsuit, lien, or other encumbrance, including a notice of lis pendens, against another person or entity knowing it is false, with the intent to harass the person or entity or to influence or hinder the person in discharging his or her official duties if the person is a public officer or employee.

(c)

(1) A person or entity whose property is subject to a lien or encumbrance in violation of this section may petition the superior court of the county in which the person or entity resides or in which the property is located for an order, which may be granted ex parte, directing the lien or other encumbrance claimant to appear at a hearing before the court and show cause why the lien or other encumbrance should not be stricken and other relief provided by this article should not be granted.

(2) The court shall schedule the hearing no earlier than 14 days after the date of the order. The scheduled date of the hearing shall allow adequate time for notice of the hearing.

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Section § 765.020

If you're asking the court for something through a petition, you need to clearly state why you're making the request. This should be backed up with an affidavit, which is a written statement under oath, from you or your lawyer explaining the facts behind your request. The petition and affidavit need to follow a specific format set by the Judicial Council.

A petition under this article shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner’s attorney setting forth a concise statement of the facts upon which the motion is based.

The petition and affidavit shall be in substantially the form prescribed by the Judicial Council.

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Section § 765.030

If a court finds that a lien or property claim is not legitimate under Section 765.010, it will remove it and might make the person who made the claim pay the other party's costs and attorney fees. If the claim is found to be valid, then the person contesting it may have to pay the claimant's costs and fees. The court's decision can be officially recorded.

If the court determines that the lien or other encumbrance is in violation of Section 765.010, the court shall issue an order striking and releasing the lien or other encumbrance and may award costs and reasonable attorney’s fees to the petitioner to be paid by the lien or other encumbrance claimant. If the court determines that the lien or other encumbrance is valid, the court shall issue an order so stating and may award costs and reasonable attorney’s fees to the encumbrance claimant to be paid by the petitioner. The court may direct that an order issued pursuant to this section be recorded.

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Section § 765.040

If someone improperly files a lawsuit, lien, or similar claim against your property, they could be made to pay you up to $5,000 as a penalty. This applies especially when they do so in violation of specific rules.

Any lien or encumbrance claimant who records or files, or directs another to record or file, a lawsuit, lien, or other encumbrance in violation of Section 765.010 shall be liable to the person subject to the lawsuit or the owner of the property bound by the lien or other encumbrance for a civil penalty of up to five thousand dollars ($5,000).

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Section § 765.050

This section says that the rules in this article don't apply to certain documents that are claims of encumbrance made by financial institutions or public entities. Basically, if a financial institution or government agency files a claim on property, this article doesn't cover those documents.

This article does not apply to a document which acts as a claim of encumbrance by a financial institution, as defined in subdivision (a) of Section 14161 of the Penal Code or Section 481.113 of this code, or a public entity, as defined in Section 481.200 of this code.

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Section § 765.060

If someone wrongly records a lien or legal claim against a public worker, the public employer, like the state or local agency, can offer a lawyer to help the worker fight back in court.

If a lien or other encumbrance is recorded or filed against a public officer or employee in violation of Section 765.010, the state or local agency that employs the public officer or employee may provide counsel for the public officer or employee in an action brought pursuant to that section.

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