California Codes, Code of Civil Procedure, Part 2 — of Civil Actions, Title 10 — Actions in Particular Cases, Chapter 3.5 — Actions to Re-establish Destroyed Land Records

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Sections

28 entries
Section 751.01Defines the chapter's authorized short title as the Destroyed Land Records Relief Law and allows the chapter to be cited by that…Section 751.02Allows a person claiming an inheritance or life estate and in actual, peaceable possession to bring an in rem superior-court action to…Section 751.03Allows a plaintiff to include any number of separate parcels of land claimed by that plaintiff in the same action under the…Section 751.04Requires the action to begin with a verified complaint naming the initiating party as plaintiff and describing defendants as all persons claiming…Section 751.05Requires a court-sealed summons when the complaint is filed, identifying the court, county, plaintiff, property, and all persons claiming an interest or…Section 751.06Requires the summons to be published under the specified Government Code procedure in a general-circulation newspaper published in the county, selected by…Section 751.07Requires a memorandum appended to the summons when the specified affidavit identifies a person claiming an interest in or lien on the…Section 751.08Requires a copy of the summons and a copy of the memorandum to be posted conspicuously on each separate parcel of property…Section 751.09Requires the plaintiff to file with the complaint an affidavit detailing the plaintiff’s property interest and possession history, prior conveyances, existing mortgages…Section 751.10Requires any adverse claimant disclosed by the affidavit, if found, to be served during the publication period with the summons, complaint, affidavit,…Section 751.11Establishes complete court jurisdiction, after completion of required publication, posting, and service or mailing, over the plaintiff, the property, and every person…Section 751.12Allows any person claiming an estate, right, title, interest, or lien in the property to appear and become a party by pleading…Section 751.13Requires the plaintiff, when filing the complaint, and each defendant seeking affirmative relief, when filing an answer, to record a notice of…Section 751.14Prohibits entry of judgment by default in an action under the chapter and requires the court instead to receive proof of the…Section 751.15Requires the judgment to determine all legal or equitable, present or future, vested or contingent estates, rights, titles, interests, claims, mortgages, and…Section 751.16Requires a certified copy of the judgment to be recorded in the county recorder’s office for the county where the action began.…Section 751.17Extends the rules of law governing evidence, pleading, practice, new trials, and appeals in other civil actions to actions authorized by this…Section 751.18Allows any party, after summons issues, to take depositions according to law upon notice to an adverse party who has appeared and…Section 751.19Requires the clerk to assign consecutive numbers to every action authorized by the chapter using a distinct series separate from other actions.…Section 751.20Prohibits trial of another action concerning any part of real property already covered by a judgment under the chapter until the court…Section 751.21Allows an executor, administrator, guardian, conservator, or other person who possesses property in the right of another to participate in actions provided…Section 751.22Establishes that the remedies provided by the chapter are cumulative rather than exclusive and are available in addition to any other remedy…Section 751.23Allows an owner or claimant of real property, an interest, or a lien, or an agent authorized by a previously recorded power…Section 751.24Requires the claimant or the claimant’s agent to sign the notice and verify it by oath. The verification must state that all…Section 751.25Requires the county recorder, once the specified notice is filed for recordation, to record that notice in the same manner prescribed by…Section 751.26Establishes that, three days after a notice is filed for record, persons who may bring actions under the chapter are deemed to…Section 751.27Requires a person who begins a chapter action more than three days after the notice was filed to identify in the summons…Section 751.28Allows an executor, administrator, guardian, conservator, or other person possessing property in the right of another to make, sign, verify, and file…

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