California Complaint to Confirm Title
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FAQ
A complaint to quiet title must be verified and must contain all of the following information [Code Civ. Proc. §761.020]: 1. a description of the property that is the subject of the action.
Quiet title actions are complex and generally require detailed pre-litigation factual analysis. After the pre-litigation analysis, a verified complaint is filed. The complaint is followed by a Notice of Pendency of Action (Lis Pendens) that must be recorded with the county recorder's office and filed with the court.
When filing a lawsuit in California, the original complaint may be either verified or unverified. If it is verified, the plaintiff makes assertions under the pains and penalties of perjury. A verified complaint also forces the defendant to respond to the lawsuit with a verified answer.
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.
Necessary Elements of a Quiet Title Claim A description of the property that is the subject of the action. ... The title of the Plaintiff as to which a determination of quiet title is sought. The adverse claims to the Plaintiff's title. ... The date as of which the determination is sought.
There are reasons to verify complaints even when verification is not required by statute: If the complaint is verified, the answer must be verified, unless the defendant is a public entity or officer. CCP §446. The defendant's denials and allegations must be made under oath or penalty of perjury.
Necessary Elements of a Quiet Title Claim For real property, the description must include a legal description as well as the street address or other common designation. The title of the Plaintiff as to which a determination of quiet title is sought. The adverse claims to the Plaintiff's title.