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Conversely, a quiet title action is normally brought by someone who is in possession of property to extinguish the rights of others which cloud his or her title and could otherwise be used to challenge that that title, ultimately affecting their continued possession.
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.
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.
Rule 1066 - Form of Judgment or Order (a) The court shall grant appropriate relief upon affidavit that a complaint containing a notice to defend has been served and that the defendant has not filed an answer, or after a hearing or trial on the pleadings or merits.
The verified complaint must include: A description of the property that is the subject of the action. 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 party who wishes to initiate the action (the ?Plaintiff?) must file a verified complaint for partition. The court will first determine the ownership interests of each of the co-owners.
Scope. (a) Except as otherwise provided in this chapter, the procedure in the action to quiet title from the commencement to the entry of judgment shall be in ance with the rules relating to a civil action.
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.