Updated on November 3, 2022
Are you looking to file a quiet title action lawsuit in California but not sure where to start? In this blog post we will discuss the reasons someone would file a quiet title lawsuit.
The purpose of quieting title is to establish clear title against adverse claims to real property or any interest in the real property. Cal. Civ. Code § 760.020. Accordingly, a quiet title action is a legal proceeding where a person or entity (Plaintiff) claims title to all or a portion of specific real property and asks the Court for a ruling that Plaintiff’s title is superior to any interest that is claimed by the Defendant(s).
When deciding to file a quiet title action, it is important that the action be filed in the county where the real property is physically located. Once the action has been filed, the Court then has the power to make its determination on title issues. Cal. Civ. Code § 760.040, 760.050.
Pursuant to California Code of Civil Procedure § 761.020, a complaint to quiet title in California must be verified and contain:
In addition, a Plaintiff seeking to quiet title against a person who has legal title to a property bears the burden of proving title by clear and convincing proof. Cal. Evid. Code § 662. However, when the quiet title action involves a dispute as to which party has legal title to a piece of real property, the standard of proof is determined by the preponderance of the evidence. See Murray v. Murray (1994) 26 Cal.App.4th 1062.
Furthermore, a judgment in a quiet title action is binding against all persons who were named as parties in the action and who have a claim to the property. Cal. Civ. Code § 764.030. However, said judgment will have no effect affect to a person who was not named as a party in the action if their claim was of record or if the claim was actually known, or should have reasonably been known to the Plaintiff. Cal. Civ. Code § 764.045.
Are you looking for a quiet title attorney in Los Angeles? Schorr Law has the top rated quiet title lawyers in California. At Schorr Law, our Los Angeles real estate attorney have a great deal of experience litigating quiet title actions. To see if you qualify for a free 30-minute consultation regarding your quiet title matter, contact us today! Call 310-954-1877 to schedule a consult.
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