California Partition Law Blog
An action to quiet title allows a litigant to clear title or have the court establish title to a piece of real property where the title to that property is in the issue. Moreover, a quiet title action is not solely for the purpose of establishing a legal interest in real property but can also be asserted to establish an equitable interest in real property. For example, when two people claim that they own an entire piece of property, one of those parties may file a quiet title action to determine which one of the two persons actually holds title to the property.
Sometimes, however, the other party will refuse to participate in the lawsuit, which requires a party to win by “default.” In those circumstances, a question arises about what is necessary to do to succeed. The law explicitly addresses these circumstances.
Specifically, Code of Civil Procedure section 764.010 provides: “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 the plaintiff’s title and hear such evidence as may be offered to respect the claims of any of the defendants, other than claims the validity of which is admitted by the plaintiff in the complaint. The court shall render judgment in accordance with the evidence and the law.”
At the Underwood Law Firm, our attorneys are more than familiar with quiet title actions.
Requirements of a Quiet Title Action
Code of Civil Procedure section 761.020 sets forth several requirements for a complaint for quiet title. A complaint for quiet title shall include the following:
First, a description of the subject property. (CCP § 761.020(a).) When the subject property is real property, the description must include both a legal description and the street address of the property or its common designations. (Id.) In the case of determining title to personal property, the description of the property must include the property’s usual location. (Id.)
Second, the title of the litigant and the basis of that title. (CCP § 761.020(b).) One common basis of the title used in quiet title actions is adverse possession. Adverse possession occurs when a person who otherwise does not hold title to a property acquires title by hostile, actual, continuous, exclusive, open, and notorious possession of the property for the statutorily required period of time for adverse possession. When a person has satisfied the statutory requirements for acquiring title through adverse possession, they may assert a quiet title action to establish that title to the property and assert the basis of that title as adverse possession.
Third, the litigant must identify all adverse claims to the title of the property. (CCP § 761.020(c).)
Fourth, the date on which the determination of title is sought. (CCP § 761.020(d).) Typically, the determination is sought as of the date the complaint is filed; however, if the date is a date other than the date the complaint is filed, the complaint shall also include a statement setting forth the reasons why the litigant seeks a determination as of that date. (CCP § 761.020(d).)
Last, a prayer for a determination to establish title in favor of the plaintiff. (CCP § 761.020(e).)
Default Judgement in a Quiet Title Action
The rules for obtaining a default judgment in a quiet title action are codified in Code of Civil Procedure section 764.010. In most cases, obtaining a default judgment merely requires applying for an entry of default with the court after the defendant in the action failed to make any response to the complaint despite being served. The requirements for obtaining a default judgment in a quiet title action are different from the standard procedure for obtaining a default judgment. The procedure for obtaining a default judgment in a quiet title action is codified in the Code of Civil Procedure section 764.010.
Under section 764.010, a court may not enter a default judgment in a quiet title action unless there has been an evidentiary hearing to determine if a default judgment should be entered. (CCP § 764.010.) Ultimately, the court may not enter a default judgment unless the court has heard both evidence of the plaintiff’s title and evidence respecting the claims of the defendant. (CCP § 764.010.)
In Yeung v. Soos (2004) 119 Cal.App.4th 576, 14 Cal.Rptr.3d 502, a property owner, filed a quiet title action against the former owner of the property, claiming title to the property. There, the trial court entered a default judgment after the court found that the defendant was served with the complaint and summons but still failed to respond. (Yeung, 119 Cal.App.4th 579.) The Defendant then moved to set aside the default judgment, which the trial court denied. (Id.) The Defendant appealed. (Id.) The Court of Appeals affirmed the trial court’s decision. (Id., at 583). In their opinion, the Court of Appeals reasoned that Code of Civil Procedure section 764.010 is not a prohibition on default judgments in quiet title actions, but rather section 764.010 imposes a higher standard on the court for determining the entry of a default judgment. (Id., at 580-581). The purpose of this higher standard is to prevent a plaintiff from obtaining title to a property that they would not have obtained if the defendant responded to the complaint, and the court would have to have made a determination to quiet the title.
Therefore, because a litigant must prove that they hold title to a property to prevail on a quiet title cause of action, a litigant must also prove title in an evidentiary hearing to obtain a default judgment of quiet title where a defendant has failed to respond to the complaint.
For example, “Shawn” and “Julie” purchased a house together in 2002 and started living together. After three years, Shawn and Julie broke up, and Julie kicked Shawn out of the house. Julie stayed in the house exclusively and changed the locks so Shawn would not be able to get in the house. Julie also exclusively paid for all of the property taxes on the house for the last eighteen years. Now, Julie wants to file a quiet title action to take Shawn’s name off the title. The basis of Julie’s title is adverse possession. After serving Shawn with the complaint and summons, Shawn failed to respond to the complaint. The court then entered a default judgment against Shawn, and now Shawn wants to move to vacate the default judgment. Here, it is likely that Shawn will be successful in his motion to vacate because the court did not hold an evidentiary hearing to determine if a default judgment should be entered.
How Can the Attorneys at Underwood Law Assist You?
Quiet title actions allow a litigant to have the court determine title to a piece of real property, removing any cloud on the title or adverse claims. As opposed to other causes of action, in an action based on quiet title, the court needs to conduct an evidentiary hearing to determine the entry of a default judgment when the defendant has failed to respond.
As each case is unique, litigants would be well-served to seek experienced counsel familiar with the ins and outs of quiet title actions and the law surrounding them. At the Underwood Law Firm, our knowledgeable attorneys are here to help. If you are seeking to initiate a quiet title action, are worried about your ability to obtain a default judgment in a quiet title action, or if you just have questions, please do not hesitate to contact our office.
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