If the affidavit provided for in Section 751.09 discloses the name of any person claiming an interest in the property or a lien thereon adverse to the plaintiff, that fact and the name and address, if given, of the person shall be stated in a memorandum to be appended to the summons in substance as follows: "The following persons are said to claim an interest in, or lien upon, said property adverse to plaintiff," (giving their names and addresses as above provided).
§ 751.07.Memorandum Attached to Summons Stating Persons Claiming Interest Adverse to Plaintiff
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 751.07 requires a memorandum appended to the summons naming any person whom the plaintiff's affidavit under § 751.09 discloses as claiming an interest in or lien on the property adverse to the plaintiff, along with that person's address if it is known.
Full Text of § 751.07
Plain-English Summary
This section bridges the affidavit filed under § 751.09 and the published summons. If the plaintiff's affidavit names anyone believed to claim an adverse interest or lien, that person's name and known address get printed in a memorandum attached to the summons, under a heading identifying them as claiming an interest adverse to the plaintiff.
Naming an adverse claimant here isn't just informational — it feeds directly into § 751.10's requirement that anyone so named also be personally served, or served by mail, in addition to being reached by publication. Skipping that step for a named claimant can leave that claimant's rights unresolved by the eventual judgment.
Frequently Asked Questions
Where does the memorandum's list of adverse claimants come from?
From the plaintiff's affidavit filed under § 751.09, which must disclose anyone the plaintiff knows or has been told claims an adverse interest or lien.
What does the memorandum say about a disclosed claimant?
It states that the named person is said to claim an interest in, or lien upon, the property adverse to the plaintiff, along with the person's name and address if given.
Why does it matter whether someone is named in this memorandum?
Because § 751.10 requires anyone named here to be separately served, not just reached through newspaper publication.
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: adverse claimant memorandum destroyed records action