Quiet Title Action Complaint + Lis Pendens — California

VERIFIED COMPLAINT TO QUIET TITLE AND NOTICE OF PENDENCY OF ACTION — CALIFORNIA

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties
4. Jurisdiction and Venue
5. The Subject Property
6. Plaintiff's Title and Chain of Title
7. The Adverse Claims
8. First Cause of Action — Quiet Title (CCP § 760.020)
9. Second Cause of Action — Cancellation of Instrument (Civ. Code § 3412)
10. Third Cause of Action — Adverse Possession (CCP § 325)
11. Fourth Cause of Action — Boundary Dispute / Agreed-Boundary Doctrine
12. Fifth Cause of Action — Slander of Title
13. Prayer for Relief
14. Verification
15. Notice of Pendency of Action (Lis Pendens)
16. Summons
17. Title Search Certification
18. Affidavit for Service by Publication
19. California Practice Notes
20. Sources and References

1. CAPTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [________________________________]

CASE NO. [________________________________]

VERIFIED COMPLAINT TO QUIET TITLE

(1) Quiet Title — CCP § 760.020; (2) Cancellation of Instrument — Civ. Code § 3412; (3) Adverse Possession — CCP § 325; (4) Boundary Dispute; (5) Slander of Title

[DEMAND FOR JURY TRIAL — AS TO LEGAL ISSUES ONLY]

[UNLIMITED CIVIL CASE — Amount in Controversy > $35,000]

2. INTRODUCTION

Plaintiff [PLAINTIFF NAME] ("Plaintiff") brings this verified action pursuant to California Code of Civil Procedure section 760.010 et seq. to quiet title to the real property commonly known as [PROPERTY ADDRESS], [CITY], [COUNTY] County, California (the "Property"), and to remove the cloud cast upon Plaintiff's title by the adverse claims of Defendants. Plaintiff alleges as follows on personal knowledge as to matters relating to Plaintiff and on information and belief as to all other matters.

3. PARTIES

3.1. Plaintiff [PLAINTIFF NAME] is, and at all relevant times was, an individual residing in [COUNTY] County, California, and is the record and equitable owner of the Property.

3.2. Defendant [DEFENDANT 1] is, on information and belief, an individual residing in [COUNTY / STATE], who asserts an adverse claim to the Property as more fully described below.

3.3. Defendant [DEFENDANT 2] is, on information and belief, a [corporation / limited liability company / trust] organized under the laws of [STATE], with its principal place of business at [ADDRESS], that holds or claims to hold a recorded interest in the Property.

3.4. Pursuant to CCP § 762.060, Plaintiff names 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 title, or any cloud upon plaintiff's title thereto" ("Unknown Defendants").

3.5. The true names and capacities of Defendants Does 1 through 50, inclusive, are unknown to Plaintiff, who therefore sues these Defendants by fictitious names. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction over this action pursuant to California Constitution Article VI, § 10 and CCP § 760.040, because the Property is real property situated within [COUNTY] County, California.

4.2. Venue is proper in this Court pursuant to CCP §§ 392 and 760.050 because the Property that is the subject of this action is located within this county.

4.3. The amount in controversy exceeds $35,000, exclusive of interest and costs, qualifying this as an unlimited civil case under CCP § 88.

5. THE SUBJECT PROPERTY

5.1. The Property is real property located at [STREET ADDRESS], [CITY], [COUNTY] County, California [ZIP], identified by Assessor's Parcel Number [APN: ____________________].

5.2. The Property is legally described as:

[INSERT FULL LEGAL DESCRIPTION FROM DEED / TITLE REPORT — METES AND BOUNDS OR LOT-AND-BLOCK]

5.3. The Property was last conveyed of record to Plaintiff by [grant deed / quitclaim deed / trustee's deed] dated [__/__/____] and recorded on [__/__/____] in the Official Records of [COUNTY] County, California, as Instrument No. [____________________].

6. PLAINTIFF'S TITLE AND CHAIN OF TITLE

6.1. Plaintiff is the lawful owner in fee simple absolute of the Property and is entitled to the quiet and peaceable enjoyment thereof.

6.2. Plaintiff's title is derived from the following chain of conveyances:

6.3. Plaintiff has been in actual, open, notorious, exclusive, and continuous possession of the Property at all relevant times since [__/__/____].

6.4. Plaintiff has paid all real-property taxes, assessments, and charges levied against the Property since acquiring the same.

6.5. The determination of title sought herein is as of [__/__/____] (the "Determination Date") pursuant to CCP § 761.020(d).

7. THE ADVERSE CLAIMS

7.1. Defendants, and each of them, claim some right, title, estate, lien, or interest in the Property adverse to Plaintiff's title.

7.2. The specific adverse claims include, without limitation:

• ☐ A purported [deed / mortgage / deed of trust / lien / lis pendens] recorded on [__/__/____] as Instrument No. [____________________] (the "Cloud Instrument") that is void, voidable, forged, fraudulent, or otherwise inoperative;
• ☐ A purported claim of adverse possession or prescriptive easement;
• ☐ A boundary-line dispute regarding the [north / south / east / west] boundary of the Property;
• ☐ A wild or stray deed not within Plaintiff's chain of title;
• ☐ A tax-deed claim arising from a defective tax sale conducted on [__/__/____];
• ☐ An unreleased reconveyance or satisfaction of a prior security interest;
• ☐ An unrecorded interest claimed by [________________________________];
• ☐ Other: [________________________________].

7.3. The adverse claims constitute a cloud on Plaintiff's title that impairs marketability, insurability, and use of the Property and have caused, and continue to cause, harm to Plaintiff.

8. FIRST CAUSE OF ACTION — QUIET TITLE (CCP § 760.020)

(Against All Defendants)

8.1. Plaintiff incorporates paragraphs 1 through 7.3, inclusive, as though fully set forth herein.

8.2. Plaintiff is the owner in fee simple of the Property and is entitled to quiet enjoyment thereof free of the adverse claims of Defendants.

8.3. The basis of Plaintiff's title is [grant deed dated __/__/____ from ________________; adverse possession; succession; etc.] as more fully described in Section 6 above.

8.4. Each adverse claim asserted by Defendants is invalid, void, or otherwise without legal effect, and constitutes a cloud upon Plaintiff's title.

8.5. Plaintiff seeks a judicial determination of title as of the Determination Date pursuant to CCP § 761.020(d), quieting title in Plaintiff and against Defendants and all persons claiming under them.

9. SECOND CAUSE OF ACTION — CANCELLATION OF INSTRUMENT (Civ. Code § 3412)

(Against Defendants Asserting Recorded Adverse Instruments)

9.1. Plaintiff incorporates paragraphs 1 through 8.5, inclusive, as though fully set forth herein.

9.2. The Cloud Instrument identified in paragraph 7.2 is void or voidable for one or more of the following reasons: ☐ forgery; ☐ lack of capacity of the grantor; ☐ failure of consideration; ☐ fraud in the execution or inducement; ☐ defective acknowledgment; ☐ unauthorized notarization; ☐ failure to comply with CCP § 2924 et seq. (nonjudicial foreclosure); ☐ other: [____________________].

9.3. There is a reasonable apprehension that, if left outstanding, the Cloud Instrument will cause serious injury to Plaintiff.

9.4. Plaintiff is entitled to a judgment under Civil Code § 3412 canceling and expunging the Cloud Instrument from the Official Records of [COUNTY] County.

10. THIRD CAUSE OF ACTION — ADVERSE POSSESSION (CCP § 325)

(Pleaded in the Alternative)

10.1. Plaintiff incorporates paragraphs 1 through 9.4, inclusive, as though fully set forth herein.

10.2. For a period of not less than five (5) consecutive years prior to the filing of this Complaint, Plaintiff and Plaintiff's predecessors in interest have been in actual, open, notorious, exclusive, hostile, and continuous possession of the Property, occupying and improving it under a claim of right.

10.3. During that five-year period, Plaintiff and Plaintiff's predecessors timely paid all state, county, and municipal taxes that were levied or assessed against the Property, as required by CCP § 325(b). True and correct copies of tax receipts are attached as Exhibit "[__]".

10.4. Pursuant to CCP § 325 and Civ. Code § 1006, Plaintiff has acquired title to the Property by adverse possession and is entitled to a decree quieting title accordingly.

11. FOURTH CAUSE OF ACTION — BOUNDARY DISPUTE / AGREED-BOUNDARY DOCTRINE

(Pleaded in the Alternative, As Applicable)

11.1. Plaintiff incorporates paragraphs 1 through 10.4, inclusive, as though fully set forth herein.

11.2. Plaintiff and Defendant [________________________________] are owners of adjoining parcels. The boundary between the parcels is uncertain or disputed.

11.3. The true and agreed boundary between the parcels has been, for a period in excess of [____] years, the line described as: [DESCRIBE BOUNDARY — fence line, hedge, surveyor monument, etc.].

11.4. Under the doctrine of agreed-boundary (Bryant v. Blevins (1994) 9 Cal.4th 47) and/or boundary by acquiescence, Plaintiff is entitled to a decree fixing the boundary as alleged and quieting title accordingly.

12. FIFTH CAUSE OF ACTION — SLANDER OF TITLE

(Against Defendants Who Recorded the Cloud Instrument)

12.1. Plaintiff incorporates paragraphs 1 through 11.4, inclusive, as though fully set forth herein.

12.2. Defendants, and each of them, knowingly and without privilege caused the Cloud Instrument to be recorded against the Property, thereby publishing a false statement disparaging Plaintiff's title.

12.3. The publication was made maliciously and was reasonably calculated to cause pecuniary loss to Plaintiff.

12.4. As a direct and proximate result, Plaintiff has suffered pecuniary damages in an amount according to proof, including but not limited to attorneys' fees and costs incurred to clear the cloud (Sumner Hill Homeowners' Assn., Inc. v. Rio Mesa Holdings, LLC (2012) 205 Cal.App.4th 999).

12.5. The conduct of Defendants was malicious, oppressive, or fraudulent within the meaning of Civil Code § 3294, entitling Plaintiff to exemplary damages.

13. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows:

A. ☐ For a judgment quieting title to the Property in Plaintiff as of the Determination Date and against all Defendants and all persons claiming by, through, or under them;

B. ☐ For a decree declaring that the Cloud Instrument is void, of no force or effect, and that the same be canceled and expunged from the Official Records of [COUNTY] County;

C. ☐ For a decree fixing the boundary between Plaintiff's Property and the parcel of Defendant [________________] at the line alleged herein;

D. ☐ For compensatory damages on the slander-of-title cause of action in an amount according to proof;

E. ☐ For exemplary damages under Civil Code § 3294;

F. ☐ For costs of suit incurred herein, including title-search and publication costs;

G. ☐ For reasonable attorneys' fees as authorized by contract, statute, or the tort-of-another doctrine;

H. ☐ For pre-judgment and post-judgment interest at the legal rate; and

I. ☐ For such other and further relief as the Court deems just and proper.

DATED: [__/__/____]

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], State Bar No. [____________]

Attorney for Plaintiff [PLAINTIFF NAME]

14. VERIFICATION

I, [PLAINTIFF NAME], declare:

I am the Plaintiff in the above-entitled action. I have read the foregoing Verified Complaint to Quiet Title and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe them to be true.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed at [CITY], California, on [__/__/____].

[________________________________]
[PLAINTIFF NAME]

15. NOTICE OF PENDENCY OF ACTION (LIS PENDENS)

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF [________________________]

Case No. [________________________________]

[PLAINTIFF NAME] v. [DEFENDANT NAME], et al.

NOTICE OF PENDENCY OF ACTION (CCP § 405 et seq.)

NOTICE IS HEREBY GIVEN, pursuant to Code of Civil Procedure section 405.20, that the above-entitled action has been commenced and is now pending in the above-entitled Court. The action affects title to or right of possession of the following described real property situated in [COUNTY] County, California:

Common Address: [________________________________]

Assessor's Parcel Number: [________________________________]

Legal Description: [INSERT LEGAL DESCRIPTION]

The action seeks: ☐ to quiet title in Plaintiff; ☐ to cancel a recorded instrument; ☐ to determine boundaries; ☐ to obtain a decree of adverse possession; ☐ other relief affecting title to or right of possession of the Property.

This Notice is recorded pursuant to CCP § 405.20 and shall be served on all known adverse parties as required by CCP § 405.22 within twenty (20) days of recordation, by registered or certified mail, return receipt requested.

DATED: [__/__/____]

[________________________________]
[ATTORNEY NAME], State Bar No. [____________]
Attorney of Record for Plaintiff

[NOTARY ACKNOWLEDGMENT — Civ. Code § 1189]

State of California, County of [________________]

On [__/__/____] before me, [NOTARY NAME], personally appeared [ATTORNEY / PARTY NAME], who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: [________________________________] (Seal)

RECORD WITH: Office of the County Recorder, [COUNTY] County, California.

16. SUMMONS

SUMMONS (CITACION JUDICIAL) — Use Judicial Council Form SUM-100 as prescribed.

NOTICE TO DEFENDANT: [Defendant Name(s)]

YOU ARE BEING SUED BY PLAINTIFF: [Plaintiff Name]

You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case.

CASE NUMBER: [________________________________]

The name and address of the court is:

[NAME OF COURT]
[ADDRESS]

The name, address, and telephone number of plaintiff's attorney is:

[ATTORNEY NAME, BAR NO.]
[ADDRESS]
[PHONE / FAX / EMAIL]

DATE: [__/__/____]

Clerk by: [________________________________], Deputy

17. TITLE SEARCH CERTIFICATION

CERTIFICATION OF TITLE SEARCH

I, [NAME OF TITLE OFFICER / TITLE COMPANY], certify that I am a duly licensed title officer/abstractor in the State of California and that I have conducted a search of the Official Records of [COUNTY] County, California, covering the period from [__/__/____] to [__/__/____], with respect to the following real property:

APN: [________________________________]

Legal Description: [________________________________]

Based upon that search, the following persons and entities appear of record to have, or potentially to have, an interest in the Property and are identified as known adverse claimants for purposes of CCP § 762.060(b):

I further certify that this search is current as of [__/__/____] and that, based upon reasonable inspection of the Property and a diligent records search, no other known or reasonably apparent adverse claimants exist except those identified above and "all persons unknown" as set forth in the Complaint.

DATED: [__/__/____]

[________________________________]
[NAME], [TITLE / LICENSE NO.]
[COMPANY NAME]

18. AFFIDAVIT FOR SERVICE BY PUBLICATION (CCP § 415.50)

I, [AFFIANT NAME], declare under penalty of perjury:

1. I am the attorney of record for Plaintiff in the above-entitled action.

2. The above-named Unknown Defendants and Defendant [NAME] cannot, after the exercise of reasonable diligence, be served by any other manner specified in CCP §§ 415.10 through 415.40.

3. The acts of reasonable diligence I have undertaken are: ☐ search of public databases (LexisNexis, Westlaw People-Find, Accurint); ☐ inquiry of known relatives, neighbors, and last known employer; ☐ inquiry to U.S. Postal Service for forwarding address; ☐ search of military-locator database; ☐ inquiry of county assessor and recorder; ☐ inquiry of Secretary of State; ☐ other: [____________________].

4. A cause of action exists against the Defendants upon whom service is sought, as more fully appears from the Verified Complaint on file.

5. The Defendants are necessary or proper parties to the action because they hold or may hold an interest in the Property described in the Complaint.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed at [CITY], California, on [__/__/____].

[________________________________]
[ATTORNEY NAME]

19. CALIFORNIA PRACTICE NOTES

Verification. A quiet-title complaint must be verified by the plaintiff personally — not by counsel. CCP § 761.020 (closing); see also Nickell v. Matlock (1962) 206 Cal.App.2d 449.

Default judgment. Even on default the court must conduct an evidentiary hearing and may not enter judgment solely on the pleadings (CCP § 764.010; Yeung v. Soos (2004) 119 Cal.App.4th 576).

Burden of proof. Against a record-title holder, the plaintiff must prove title by clear and convincing evidence; otherwise preponderance applies (Weeden v. Hoffman (2021) 70 Cal.App.5th 269).

Effect of judgment. A quiet-title judgment is binding only on parties served and their successors (CCP § 764.030). A judgment based on service by publication is binding on the world only as to interests actually adjudicated.

Adverse possession against the State. Adverse possession cannot run against public-entity lands held for public use (Civ. Code § 1007; CCP § 345).

Expungement of lis pendens. A defendant may move to expunge the lis pendens under CCP §§ 405.30-405.33. Plaintiff bears the burden of establishing the probable validity of the real-property claim by a preponderance.

Tax-deed challenges. A challenge to a tax deed must be filed within one year after the deed is recorded (Rev. & Tax. Code § 3725).

20. SOURCES AND REFERENCES

• Cal. Code Civ. Proc. §§ 760.010-765.060 (Quiet Title Act)
• Cal. Code Civ. Proc. §§ 405.1-405.61 (Notice of Pendency of Action)
• Cal. Code Civ. Proc. § 325 (Adverse possession)
• Cal. Code Civ. Proc. § 415.50 (Service by publication)
• Cal. Civ. Code §§ 1006-1007 (Title by occupancy and prescription)
• Cal. Civ. Code § 3412 (Cancellation of instruments)
• Judicial Council Forms SUM-100, POS-010, CM-010
• Weeden v. Hoffman (2021) 70 Cal.App.5th 269
• Robin v. Crowell (2020) 55 Cal.App.5th 727
• Yeung v. Soos (2004) 119 Cal.App.4th 576
• Sumner Hill Homeowners' Assn., Inc. v. Rio Mesa Holdings, LLC (2012) 205 Cal.App.4th 999
• Bryant v. Blevins (1994) 9 Cal.4th 47 (agreed-boundary doctrine)

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