Identity Of Person In Chain Of Title - Special Actions And Proceedings To Clear Title - Civil Procedure - CA

Section § 770.010

This section defines some important terms used in this legal article. "Acquired" relates to how property is received, either through a transaction or by court action. "Property" refers to any legal claim or interest in real estate. A "Subsequent owner" is someone who gets the property later on or through inheritance. "Transfer" includes both voluntary or forced changes in property ownership, including inheritance through probate.

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.

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Section § 770.020

This law allows a legal process to clarify who really owns a property when it was originally bought under a different name than the one used for transferring it. If there's confusion about the name on the property records versus the name of the person who transferred it, a legal proceeding can sort this out and confirm identities.

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.

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Section § 770.030

You need to start the legal process in the superior court where the property is located, or where a part of it can be found.

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

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Section § 770.040

This law says that if you own a property, you can start a legal proceeding about it by filing a petition with the court. Also, if someone else is interested in the property, they can object to what's in the petition before the hearing happens.

(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.

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Section § 770.050

This section is about filing a petition to verify the identity of people in relation to property ownership. The petition should follow a specific format, mentioning the property in question and the petitioner's interest in it. It must list the names of people whose identity is under question, referencing how their records connect to the property's history. The petition asks the court to confirm these identities. Multiple people in the property's title history can be included in one petition.

(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.

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Section § 770.060

When someone files a petition regarding land ownership, the court clerk must schedule a hearing. The person who filed the petition must then put up notices about the hearing at the county courthouse and at the property mentioned in the petition. These notices need to be in place at least 10 days before the hearing. The notice should follow a specific format that includes information about the claimant, a description of the property, and details of the hearing, like the date, time, and location.

(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.

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

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Section § 770.070

This law states that during a scheduled court hearing, the judge will review the evidence provided by both the petitioner and any other involved parties. The court will then officially decide and record who the individuals mentioned in the petition are, based on the evidence presented. If anyone involved in the case is unhappy with the court's decision, they can file an appeal.

(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.

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Section § 770.080

This law states that once a legal decision is final, it serves as initial proof of the facts it determines, particularly about who the people involved are. Additionally, a certified copy of this decision must be filed with the county recorder's office in any county where some of the related property is located.

(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.

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