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§ 760.030.Remedy Cumulative; Requiring Issue Be Resolve Pursuant to Chapter

Title 10. Actions In Particular Cases · Chapter 4. Quiet Title · Article 1. General Provisions · Enacted 1980 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 760.030 makes the quiet title procedure cumulative rather than exclusive, preserving other remedies for resolving title disputes, while letting a court, on any party's motion, require that a title issue in a pending case be resolved under this chapter's procedures wherever practical.

Full Text of § 760.030

Text sizeJump to: (a) (b)

(a) The remedy provided in this chapter is cumulative and not exclusive of any other remedy, form or right of action, or proceeding provided by law for establishing or quieting title to property.
(b) In an action or proceeding in which establishing or quieting title to property is in issue the court in its discretion may, upon motion of any party, require that the issue be resolved pursuant to the provisions of this chapter to the extent practicable.

Plain-English Summary

Chapter 4 doesn't displace other ways of resolving title disputes. Subdivision (a) says the remedy it provides is cumulative — a plaintiff who could sue for ejectment, declaratory relief, or some other title-related remedy hasn't lost that option just because this chapter also exists.

Subdivision (b) works the other direction. In any action or proceeding where establishing or quieting title is squarely at issue, the court can, on a party's motion, require that the title question be resolved using this chapter's procedures — its pleading rules, its defendant-joinder mechanics, its judgment provisions — to the extent that's practical given how the case is postured. That gives the court a tool to channel a scattered title fight into the framework this chapter was built for.

Frequently Asked Questions

Does filing a quiet title action prevent someone from using other remedies?

No. Section 760.030(a) makes this chapter's remedy cumulative, not exclusive of other remedies or forms of action available under other law.

Can a court force a title dispute raised in some other kind of lawsuit into this chapter's procedure?

Yes. Under § 760.030(b), the court may, on motion, require that a title issue be resolved under this chapter's provisions to the extent practicable.

Amendment History

Added by Stats. 1980, Ch. 44, Sec. 15.

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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