Upon the filing of the complaint, a summons shall be issued under the seal of the court. The summons shall contain the name of the court and county in which the action is brought, and the name of the plaintiff and a particular description of the real property involved, and shall be directed to "all persons claiming any interest in, or lien upon, the real property herein described, or any part thereof," as defendants, and shall be substantially in the following form: "IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN ANDFOR THE COUNTY (OR CITY AND COUNTY) OF _______ __________________________, | Action No. _______ Plaintiff, | vs. | All Persons Claiming Any Interest in, or } Lien Upon, the Real Property Herein | Described or Any Part thereof, | Defendants. | The people of the State of California, to all persons claiming any interest in, or lien upon, the real property herein described, or any part thereof, defendants, greeting: You are hereby required to appear and answer the complaint of ____________, plaintiff, filed with the clerk of the above-entitled court and county, within three months after the first publication of this summons, and to set forth what interest or lien, if any, you have in or upon that certain real property or any part thereof, situated in the County (or City and County) of __________, State of California, particularly described as follows: (here insert description.) And you are hereby notified that, unless you so appear and answer, the plaintiff will apply to the court for the relief demanded in the complaint, to wit: (here insert a statement of the relief so demanded.) Witness my hand and the seal of said court, this ________ day of __________, A.D. ________. (SEAL) ______________ _______________, Clerk." "IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN ANDFOR THE COUNTY (OR CITY AND COUNTY) OF _______ __________________________, | Action No. _______ Plaintiff, | vs. | All Persons Claiming Any Interest in, or } Lien Upon, the Real Property Herein | Described or Any Part thereof, | Defendants. | The people of the State of California, to all persons claiming any interest in, or lien upon, the real property herein described, or any part thereof, defendants, greeting: You are hereby required to appear and answer the complaint of ____________, plaintiff, filed with the clerk of the above-entitled court and county, within three months after the first publication of this summons, and to set forth what interest or lien, if any, you have in or upon that certain real property or any part thereof, situated in the County (or City and County) of __________, State of California, particularly described as follows: (here insert description.) And you are hereby notified that, unless you so appear and answer, the plaintiff will apply to the court for the relief demanded in the complaint, to wit: (here insert a statement of the relief so demanded.) Witness my hand and the seal of said court, this ________ day of __________, A.D. ________. (SEAL) ______________ _______________, Clerk."
§ 751.05.Summons Issued Upon Filing Complaint
Title 10. Actions In Particular Cases · Chapter 3.5. Actions to Re-establish Destroyed Land Records · Enacted 1953 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 751.05 requires the court clerk to issue a sealed summons naming the court, county, plaintiff, and property, directed generally to all persons claiming any interest in or lien on the property, in a statutory form that gives them three months from first publication to appear and answer.
Full Text of § 751.05
Plain-English Summary
Once the complaint is filed, the clerk issues a summons under seal, and this section prescribes the form almost word for word. The summons identifies the court and county, names the plaintiff, describes the property, and addresses the defendants collectively as "all persons claiming any interest in, or lien upon, the real property herein described, or any part thereof."
The core instruction to those unnamed defendants is a deadline: appear and answer within three months after the first publication of the summons, stating whatever interest or lien they claim in the described property, or the plaintiff will ask the court for the relief the complaint demands. That three-month clock is what § 751.06's publication requirement and § 751.12's answer deadline both key off of.
Frequently Asked Questions
How long do potential claimants have to respond to the summons?
Three months after the first publication of the summons, under the statutory form § 751.05 prescribes.
Who is the summons directed to?
All persons claiming any interest in, or lien upon, the real property described in the action — not named individuals, consistent with the in rem structure of § 751.02.
What information must the summons contain?
The name of the court and county, the name of the plaintiff, and a particular description of the real property involved, following the form set out in this section.
Amendment History
Added by Stats. 1953, Ch. 52.
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: summons form destroyed land records action california