Title CCP — California Code Civ. Proc.

(a) If no bid is received at a sale of a homestead pursuant to a court order for sale that exceeds the amount of the homestead exemption plus any additional amount necessary to satisfy all liens and encumbrances on the property, including but not limited to any attachment or judg…

Levy on a homestead that is subject to a lien or encumbrance is not by itself grounds for acceleration of the obligation secured by the lien or encumbrance, notwithstanding any provision of the obligation, lien, or encumbrance and if the homestead is sold pursuant to court order …

If the dwelling is owned by the judgment debtor as a joint tenant or tenant in common or if the interest of the judgment debtor in the dwelling is a leasehold or other interest less than a fee interest: (a) At an execution sale of a dwelling, the interest of the judgment debtor i…

The provisions of Sections 703.590 and 703.600 apply to proceedings under this article.

(a) Except as provided in subdivision (b), the judgment creditor is entitled to recover reasonable costs incurred in a proceeding under this article. (b) If no bid is received at a sale of a homestead pursuant to a court order for sale that exceeds the amount of the homestead exe…

(a) The levying officer shall distribute the proceeds of sale of a homestead in the following order: (1) To the discharge of all liens and encumbrances, if any, on the property. (2) To the judgment debtor in the amount of any applicable exemption of proceeds pursuant to Section 7…

As used in this article: (a) “Declared homestead” means the dwelling described in a homestead declaration. (b) “Declared homestead owner” includes both of the following: (1) The owner of an interest in the declared homestead who is named as a declared homestead owner in a homeste…

A dwelling in which an owner or spouse of an owner resides may be selected as a declared homestead pursuant to this article by recording a homestead declaration in the office of the county recorder of the county where the dwelling is located. From and after the time of recording,…

(a) A homestead declaration recorded pursuant to this article shall contain all of the following: (1) The name of the declared homestead owner. Spouses both may be named as declared homestead owners in the same homestead declaration if each owns an interest in the dwelling select…

A homestead declaration does not restrict or limit any right to convey or encumber the declared homestead. A homestead declaration, when properly recorded, is prima facie evidence of the facts therein stated, and conclusive evidence thereof in favor of a purchaser or encumbrancer…

(a) Except as provided in subdivisions (b) and (c), a judgment lien on real property created pursuant to Article 2 (commencing with Section 697.310) of Chapter 2 does not attach to a declared homestead if both of the following requirements are satisfied: (1) A homestead declarati…

(a) If a declared homestead is voluntarily sold, the proceeds of sale are exempt in the amount provided by Section 704.730 for a period of six months after the date of sale. (b) If the proceeds of a declared homestead are invested in a new dwelling within six months after the dat…

If a homestead declaration is recorded prior to the operative date of an amendment to Section 704.730 which increases the amount of the homestead exemption, the amount of the exemption for the purposes of subdivision (c) of Section 704.950 and Section 704.960 is the increased amo…

Whether or not a homestead declaration has been recorded: (a) Nothing in this article affects the right of levy pursuant to a writ of execution. (b) Any levy pursuant to a writ of execution on a dwelling (as defined in Section 704.710) and the sale pursuant thereto shall be made …

(a) A declared homestead may be abandoned by a declaration of abandonment under this section, whether the homestead declaration was recorded pursuant to this article or pursuant to former Title 5 (commencing with former Section 1237) of Part 4 of Division 2 of the Civil Code. (b)…

(a) A declared homestead is abandoned by operation of law as to a declared homestead owner if the declared homestead owner or a person authorized to act on behalf of the declared homestead owner executes, acknowledges, and records a new homestead declaration for the declared home…

(a) The protection of the declared homestead from any creditor having an attachment lien, execution lien, or judgment lien on the dwelling continues after the death of the declared homestead owner if, at the time of the death, the dwelling was the principal dwelling of one or mor…

As used in this chapter: (a) “Claim” includes a legal or equitable right, title, estate, lien, or interest in property or cloud upon title. (b) “Property” includes real property, and to the extent applicable, personal property.

(a) An action may be brought under this chapter to establish title against adverse claims to real or personal property or any interest therein. (b) An action may be brought under this chapter by parties to an agreement entered into pursuant to Section 6307 or 6357 of the Public R…

(a) The remedy provided in this chapter is cumulative and not exclusive of any other remedy, form or right of action, or proceeding provided by law for establishing or quieting title to property. (b) In an action or proceeding in which establishing or quieting title to property i…

(a) The superior court has jurisdiction of actions under this chapter. (b) The court has complete jurisdiction over the parties to the action and the property described in the complaint and is deemed to have obtained possession and control of the property for the purposes of the …

Subject to the power of the court to transfer actions, the proper county for the trial of an action under this chapter is: (a) Where the subject of the action is real property or real and personal property, the county in which the real property, or some part thereof, is located. …

The statutes and rules governing practice in civil actions generally apply to actions under this chapter except where they are inconsistent with the provisions of this chapter.

(a) An action under this chapter is commenced by filing a complaint with the court. (b) Immediately upon commencement of the action, the plaintiff shall file a notice of the pendency of the action in the office of the county recorder of each county in which any real property desc…

The complaint shall be verified and shall include all of the following: (a) A description of the property that is the subject of the action. In the case of tangible personal property, the description shall include its usual location. In the case of real property, the description …

(a) The answer shall be verified and shall set forth: (1) Any claim the defendant has. (2) Any facts tending to controvert such material allegations of the complaint as the defendant does not wish to be taken as true. (3) A statement of any new matter constituting a defense. (b) …

(a) The defendant may by cross-complaint seek affirmative relief in the action. (b) If the defendant seeks a determination of title as of a date other than the date specified in the complaint, the cross-complaint shall include the date and a statement of the reasons why a determi…

The plaintiff shall name as defendants in the action the persons having adverse claims to the title of the plaintiff against which a determination is sought.

(a) If the name of a person required to be named as a defendant is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 762.060. (b) If the claim or the share or quantity of the c…

(a) If a person required to be named as a defendant is dead and the plaintiff knows of a personal representative, the plaintiff shall join the personal representative as a defendant. (b) If a person required to be named as a defendant is dead, or is believed by the plaintiff to b…

The court upon its own motion may, and upon motion of any party shall, make such orders as appear appropriate: (a) For joinder of such additional parties as are necessary or proper. (b) Requiring the plaintiff to procure a title report and designate a place where it shall be kept…

Any person who has a claim to the property described in the complaint may appear in the proceeding. Whether or not the person is named as a defendant in the complaint, the person shall appear as a defendant.

(a) In addition to the persons required to be named as defendants in the action, the plaintiff may name as defendants “all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to plaintiff’s ti…

A person named and served as an unknown defendant has the same rights as are provided by law in cases of all other defendants named and served, and the action shall proceed against unknown defendants in the same manner as against other defendants named and served, and with the sa…

The court upon its own motion may, and upon motion of any party shall, make such orders for appointment of guardians ad litem as appear necessary to protect the interest of any party.

(a) The state may be joined as a party to an action under this chapter. (b) This section does not constitute a change in, but is declaratory of, existing law.

(a) The form, content, and manner of the service of summons shall be the same as in civil actions generally. (b) If upon affidavit it appears to the satisfaction of the court that the plaintiff has used reasonable diligence to ascertain the identity and residence of and to serve …

Whenever the court orders service by publication, the order is subject to the following conditions: (a) The plaintiff shall post, not later than 10 days after the date the order is made, a copy of the summons and complaint in a conspicuous place on the real property that is the s…

(a) Whenever the court orders service by publication, the publication may: (1) Name only the defendants to be served thereby. (2) Describe only the property in which the defendants to be served thereby claim interests. (b) Judgment against a defendant who fails to appear and answ…

Whenever the court orders service by publication, the court before hearing the case shall require proof that the summons has been served, posted, published as required, and that the notice of pendency of action has been filed.

The court shall examine into and determine the plaintiff’s title against the claims of all the defendants. The court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title and hear such evidence as may be offered respecting the claims of …

(a) If in an action under this chapter the validity or interpretation of a gift, devise, bequest, or trust, under a will or instrument purporting to be a will, whether admitted to probate or not, is involved: (1) The will or instrument purporting to be a will is admissible in evi…

The judgment in the action is binding and conclusive on all of the following persons, regardless of any legal disability: (a) All persons known and unknown who were parties to the action and who have any claim to the property, whether present or future, vested or contingent, lega…

Except to the extent provided in Section 1908, the judgment does not affect a claim in the property or part thereof of any person who was not a party to the action if any of the following conditions is satisfied: (a) The claim was of record at the time the lis pendens was filed o…

The relief granted in an action or proceeding directly or collaterally attacking the judgment in the action, whether based on lack of actual notice to a party or otherwise, shall not impair the rights of a purchaser or encumbrancer for value of the property acting in reliance on …

Notwithstanding any other provision of this chapter, the judgment in the action is not binding or conclusive on the following: (a) The state, unless individually joined as a party to the action. (b) The United States, unless the United States is individually joined as a party to …

(a) In any action brought to quiet title to land that has been subject to an agreement entered into pursuant to Section 6307 or 6357 of the Public Resources Code, at the time set for trial the court shall, at the request of any party, receive evidence on the nature of the agreeme…

(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,…

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 s…

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 …