California CodesBusiness and Professions Code - BPCDivision 3 — Professions and Vocations GenerallyChapter 15 — Land SurveyorsArticle 5 — Surveying PracticeSection 8768.5

If the county surveyor fails to timely file the record of survey with the county recorder in accordance with Section 8768, the licensed land surveyor or registered civil engineer submitting the map may bring an action pursuant to Section 1085 of the Code of Civil Procedure to compel the filing of the record of survey. After the licensed land surveyor or registered civil engineer resubmits and requests the record of survey be filed without further change, the filing of the record of survey shall be deemed to be a ministerial act.

In any action brought pursuant to Section 1085 of the Code of Civil Procedure between a licensed land surveyor or a registered civil engineer and the county surveyor of any county, the court may award to the prevailing party costs and other expenses of litigation, including the payment of experts and other witnesses, and reasonable attorney’s fees.

Notes

Allows a submitting licensed land surveyor or registered civil engineer to seek mandamus under Section 1085 when the county surveyor fails to timely file a record under Section 8768. Establishes filing as ministerial after resubmission with a request for no further change and allows the court to award the prevailing party litigation costs, experts, witnesses, and reasonable attorney fees.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 8768.5 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-3/chapter-15/article-5/section-8768-5

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