California Code of Civil Procedure CHAPTER 3.5 - Actions to Re-establish Destroyed Land Records

• Section 751.01.
  This chapter may be cited as the Destroyed Land Records Relief Law.(Added by Stats. 1953, Ch. 52.)
• Section 751.02.
  Whenever the public records in the office of the county recorder of any county are lost or destroyed in whole or in any material part...
• Section 751.03.
  Any number of separate parcels of land claimed by the plaintiff may be included in the same action.(Added by Stats. 1953, Ch. 52.)
• Section 751.04.
  The action shall be commenced by the filing of a verified complaint. The party commencing the action shall be named as plaintiff, and the defendants...
• Section 751.05.
  Upon the filing of the complaint, a summons shall be issued under the seal of the court. The summons shall contain the name of the...
• Section 751.06.
  The summons shall be published in a newspaper of general circulation published in the county in which the action is brought. The newspaper in which...
• Section 751.07.
  If the affidavit provided for in Section 751.09 discloses the name of any person claiming an interest in the property or a lien thereon adverse...
• Section 751.08.
  A copy of the summons and a copy of the memorandum shall be posted in a conspicuous place on each separate parcel of the property...
• Section 751.09.
  At the time of filing the complaint the plaintiff shall file with it his affidavit fully and explicitly setting forth and showing:(a) The character of the...
• Section 751.10.
  If the affidavit discloses the name of any person claiming any interest in or lien upon the property adverse to the plaintiff, a copy of...
• Section 751.11.
  Upon the completion of the publication and posting of the summons and its service or mailing as provided for in Section 751.10, the court has...
• Section 751.12.
  At any time within three months after the first publication of the summons, or such further time not exceeding 30 days as the court for...
• Section 751.13.
  At the time of filing the complaint the plaintiff, and at the time of filing his or her answer every defendant claiming any affirmative relief,...
• Section 751.14.
  Judgment in any such action shall not be given by default, but the court must require proof of the facts alleged in the complaint and...
• Section 751.15.
  The judgment shall determine all estates, rights, titles, interests, and claims in and to such property and every part thereof, whether legal or equitable, present...
• Section 751.16.
  A certified copy of the judgment shall be recorded in the office of the recorder of the county in which the action was commenced. Any...
• Section 751.17.
  Except as otherwise provided in this chapter, all rules of law relating to evidence, pleading, practice, new trials, and appeals applicable to other civil actions...
• Section 751.18.
  At any time after the issuance of summons, any party to the action may take depositions in conformity to law upon notice to the adverse...
• Section 751.19.
  The clerk shall number all actions authorized by this chapter consecutively in a distinct series and shall keep an index and register devoted exclusively to...
• Section 751.20.
  Whenever judgment in an action authorized by this chapter has been entered as to any real property, no other action relative to all or any...
• Section 751.21.
  An executor, administrator, guardian, conservator, or other person holding the possession of property in the right of another may maintain as plaintiff, and may appear...
• Section 751.22.
  The remedies provided for by this chapter are cumulative and in addition to any other remedy provided by law for quieting or establishing title to...
• Section 751.23.
  Where the title to real property may be established or quieted pursuant to this chapter, any person who is or claims to be the owner...
• Section 751.24.
  The notice shall be signed by the claimant or by his agent and shall be verified by the oath of the party signing it, to...
• Section 751.25.
  Upon the filing of the notice for recordation the recorder shall record the notice in the same manner as provided in Section 409.(Amended by Stats....
• Section 751.26.
  After three days after the notice has been filed for record, all persons who may begin actions pursuant to this chapter shall be deemed to...
• Section 751.27.
  After three days after the filing of the notice for record, any person who begins an action pursuant to this chapter to perfect or establish...
• Section 751.28.
  An executor, administrator, guardian, conservator, or other person holding the possession of property in the right of another, may make, sign, verify, and file for...

Last modified: October 22, 2018