Complaint In Quiet Title
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FAQ
As an example of a quiet title, there could be a Contractor whose primary job is flipping a house, meaning that Contractor A purchases a home for a low price, makes necessary home improvements, and then turns around and sells the home for a profit.
Proof Requirements A plaintiff seeking to quiet title against a person with legal title to property has the burden of proving title by clear and convincing proof, rather than by the prepon- derance of evidence usually used in civil cases.
The Process of a Quiet Title Action Quiet title actions must be filed in the Superior Court for the county in where the real property is located. Quiet title actions are complex and generally require detailed pre-litigation factual analysis. After the pre-litigation analysis, a verified complaint is filed.
An answer in a quiet title action must also be verified, and must describe any claim that the defendant has to the real property, as well as any facts tending to controvert the material allegations of the complaint and new matter constituting a defense. See Cal. Code of Civil Procedure section 761.030.
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.