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§ 1050.Action Against One Person to Determine Adverse Claim and Against Two Or More to Compel One to Satisfy Debt Due Other

Title 14. Of Miscellaneous Provisions · Chapter 7. General Provisions · Enacted 1872 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 1050 authorizes an action by one person against another to determine an adverse claim to money or property, and a separate kind of action against two or more persons to compel one of them to satisfy a debt owed to the other for which the plaintiff is bound as surety.

Full Text of § 1050

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An action may be brought by one person against another for the purpose of determining an adverse claim, which the latter makes against the former for money or property upon an alleged obligation; and also against two or more persons, for the purpose of compelling one to satisfy a debt due to the other, for which plaintiff is bound as a surety.

Plain-English Summary

This section describes two distinct actions bundled into one statute. The first lets a person sue another to resolve an adverse claim: the defendant asserts a claim against the plaintiff, for money or property, based on an alleged obligation, and the plaintiff can bring an action to have that claim determined by the court.

The second is narrower and specific to sureties. When a plaintiff is bound as a surety for a debt owed between two other people, the plaintiff can bring an action against both of them to compel the one who truly owes the debt to satisfy it, rather than leaving the surety exposed to pay it.

Both versions share a common purpose: letting a party force resolution of a claim or obligation rather than sitting exposed to it indefinitely. The surety scenario in particular anticipates the kind of relief later developed more broadly through interpleader-type remedies elsewhere in the code.

Frequently Asked Questions

What kind of claim can be resolved under the first part of § 1050?

An adverse claim the defendant makes against the plaintiff for money or property based on an alleged obligation.

What does the surety provision in § 1050 allow?

It lets a plaintiff who is bound as a surety sue two or more persons to compel the one who truly owes the debt to satisfy it, protecting the surety from having to pay.

Are these two actions the same procedure?

They share a statute but address different situations: one resolves a claim asserted against the plaintiff, the other forces payment of a debt between two other parties to protect a surety.

Amendment History

Enacted 1872.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: action to determine adverse claim californiasurety compel debt satisfaction california