§ 751.51.Entities Or Persons Allowed to Commence Action; Plaintiffs; Unknown Entities Designated In Caption and Complaint
Title 10. Actions In Particular Cases · Chapter 3.6. Cullen Earthquake Act · Enacted 1972 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 751.51 lets a county, a city whose land was affected, or another entity or person with court permission and the county joined as a party, commence a Cullen Earthquake Act action, requires known possessors and interest holders plus the affected city, county, and the state to be named and given notice, and lets unknown entities be described generically.
(a)An action authorized by this chapter may be commenced by:
(1)A county in which lands were affected by a disaster described in Section 751.50 with or without the joinder of a city or cities included in the county and within the area so affected.
(2)A city, if the disaster has affected land in the city.
(3)Any other entity or person owning or having an interest in or lien upon land affected by the disaster if granted permission by the court to bring the action, and if the county in which the land is located is made a party to the action.
(b)In an action authorized by this chapter every entity in actual and peaceable possession of, or having an estate or interest in or lien upon any of the land affected by the action, whose possession or evidence of estate or interest is either recorded or known to the plaintiffs, the city, if the land is within a city, the county in which the land is located, and the State of California must be designated in the complaint of the action, and given notice in the manner required by this chapter.
(c)All unknown entities, including owners, lien or interest claimants, heirs, devisees, legatees or assigns, may be described in the caption and complaint as "all entities claiming any interest in or lien upon, the real property herein described or any part of it."
Plain-English Summary
This section sorts out who can bring a boundary-reestablishment action and who must be brought into it. A county whose land was affected by the disaster can sue, with or without joining any affected cities within it. A city can sue on its own if the disaster affected land within that city. Any other entity or person with an ownership interest or lien can also bring the action, but only with the court's permission, and only if the county where the land sits is made a party.
Whoever brings the action, subdivision (b) requires naming, and giving notice to, every entity in actual and peaceable possession of the affected land, or holding a recorded or otherwise known estate, interest, or lien in it, along with the city (if the land is within one), the county where the land is located, and the State of California itself. That last requirement reflects how a disaster of this scale can affect public infrastructure and public land alongside private parcels.
For everyone else whose identity or interest isn't known, subdivision (c) allows the familiar shorthand from Chapter 3.5's approach: describing them in the caption and complaint as "all entities claiming any interest in or lien upon, the real property herein described or any part of it."
Frequently Asked Questions
Who can bring a Cullen Earthquake Act action?
A county affected by the disaster, with or without joining affected cities; a city on its own if the disaster affected land within it; or another entity or person with an interest, but only with court permission and with the county joined as a party.
Who must be named and given notice in the action?
Every entity in actual possession of, or with a known or recorded interest or lien in, the affected land, along with the affected city, the county, and the State of California.
How are unknown claimants handled?
They can be described generically in the caption and complaint as all entities claiming any interest in or lien upon the described property or any part of it.
Amendment History
Added by Stats. 1972, Ch. 936.
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
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