SUPERIOR COURT OF THE STATE
OF CALIFORNIA
COUNTY OF ________
- [PLAINTIFF(S) NAMES]
- Plaintiffs,
- v.
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- [DEFENDANT(S) NAMES]
- and All Persons 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 On Plaintiff's
Title Thereto and DOES 1 through 10, inclusive,
- Defendants
- _______________________________
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- CASE NO: _______
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- COMPLAINT TO QUIET TITLE
- (Adverse Possession)
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Plaintiff complains and for causes of
action alleges as follows:
1. Plaintiff __________ [name] is, and
at all times
mentioned in this complaint was, a resident of __________
County, California.
2. Defendant __________ [name] is, and
at all times
mentioned in this complaint was, a resident of __________
County, California.
3. Plaintiff does not know the true
names of 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 on
plaintiff's title thereto and DOES 1 through 10, inclusive, and
therefore sues them by those fictitious names. The names,
capacities and relationships of DOES 1 through 10 will be
alleged by amendment to this complaint when they are known.
__________ [Optionally, in addition to language in charging
allegations that includes fictitiously named defendants:
Plaintiff is informed and believes and on that basis alleges
that each of the DOE defendants claims, or may claim, some
interest in the real property described in paragraph 4 of this
complaint.]
4. Plaintiff is the owner by adverse
possession of real
property located in __________ County, California and more
specifically described as: __________ [set forth legal
description]. __________ [Add if applicable any street
address.]
5. Plaintiff has possession of all real
property described
in paragraph 4 of this complaint by actual, open, hostile,
continuous, and exclusive possession.
6. Plaintiff's possession has been actual,
open, hostile,
continuous, and exclusive since __________ [date], in excess
of
the 5-year period set forth in Code of Civil Procedure sections
318, 319, 321-323.
7. Plaintiff has been in possession
of the real property
described in paragraph 4 of this complaint by virtue of
__________ [set forth the type of written instrument, judgment,
or decree, such as: a tax deed executed on __________ (date),
by __________ (name), and recorded on __________ (date).]
8. Plaintiff has been in continuous
possession during the
5-year period described in paragraph 6 of this complaint,
adverse to defendants and to all other persons, in support of
plaintiff's title to the real property and as curative of any
defects in the __________ [set forth type of document whether
written instrument, judgment, or decree, such as: tax deed],
or
other defects which might have existed with reference to it.
9. Plaintiff has paid all taxes and
assessments that have
been levied or assessed against the real property described in
paragraph 4 of this complaint during the 5-year period.
10. Defendants claim an estate or interest
in the real
property described that is adverse to plaintiff.
WHEREFORE, plaintiff demands judgment
against defendants as
follows:
1. For judgment that plaintiff is the
fee simple owner of
all right, title, and interest in and to the described real
property;
2. For judgment that defendants do not
have any right,
title, estate, or interest in or lien on the described real
property;
3. For such further relief as the court
may deem proper.
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DATED: _______________ |
__________________________________________ |
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(Signature) |
VERIFICATION
I, ___, am a ___in the above-entitled
action. I have read the foregoing ___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 it to be true.
I declare under penalty of perjury that
the foregoing is true and correct and that this declaration was
executed at Long Beach, California.
DATED: _________________ ___________________________________
