Whenever judgment in an action authorized by this chapter has been entered as to any real property, no other action relative to all or any part of the same property shall be tried until proof has first been made to the court that all persons who appeared in the first action or their successors in interest have been personally served pursuant to this chapter either within or without the State more than one month before the time to plead expired.
§ 751.20.Other Action Relative to Same Property After Entry of Judgment
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 751.20 blocks any other action concerning the same property from proceeding to trial after judgment in a Chapter 3.5 action, until proof shows that everyone who appeared in the first action, or their successors, have been personally served more than a month before their time to plead expired.
Full Text of § 751.20
Plain-English Summary
Once a Chapter 3.5 judgment resolves title to a piece of property, this section protects that judgment from being undercut by a later, less rigorous lawsuit over the same land. If judgment has been entered in an action under this chapter, no other action concerning all or part of the same property can be tried until the court is shown that everyone who appeared in the first action — or their successors in interest — has been personally served.
That later service, whether inside or outside California, has to occur more than one month before the time to plead in the new action expires. The rule effectively guarantees that anyone bound by the earlier § 751.15 judgment gets a genuine opportunity to be heard again before a second court reopens questions about the same title.
Frequently Asked Questions
What has to be shown before a second lawsuit over the same property can go to trial?
Proof that everyone who appeared in the first Chapter 3.5 action, or their successors in interest, has been personally served, either within or outside California.
How much advance notice does that service require?
More than one month before the time to plead in the new action expired.
Why does this chapter require this extra protection?
Because the earlier judgment under § 751.15 is meant to be conclusive as to those who appeared, and this section keeps a later, less careful action from undermining that.
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: subsequent action same property destroyed records law